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NORTH CAROLINA 

REGISTER 



^'^i 



VOLUME 11 ♦ ISSUE 29 • Pages 2178 - 2295 

J»ne 2, 1997 







m THIS ISSUE 

Voting Rights Letters 

Commerce 

Eavironment, Health, and Natural Resources 

Huiaatt Rj^ources 

Insur^ice i^„ . i 

Justice 

Nufsij^, Board of 

Nursing Home Administrators^ Board of 
Transportation . 

Rules Review ConuHisaon ,' ^ ' 

OQ&tested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



I 



NORTH CAROLINA 
REGISTER 



I. 




n. 



m. 



Volume 11, Issue 29 
Pages 2178 - 2295 



June 2, 1997 



This issue contains documents officially filed 
through May 9, 1997. 



rv. 



Office of Administrative Hearings 

Rules Division 

424 Nonh Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 2761 1-7447 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



IN THIS ISSUE 

DM ADDITION 

Labor 

Verbatim Adoption of Federal Standards 2178 

Voting Rights Letters 2179 - 2180 

RULE-MAKING PROCEEDINGS 
Human Resources 

Facility Services, Child Day Care Commission 2181 

PROPOSED RULES 
Commerce 

Credit Union Division 2182 - 2187 

Environment, Health, and Natural Resources 

Wildlife Resources Commission 2206 - 2207 

Human Resources 

Facility Services, Medical Care Commission 2187 - 2205 

Medical Assistance 2205 - 2206 



TEMPORARY RULES 
Human Resources 

Mental Health, Developmental Disabilities and 
Substance Abuse Services 



2208-2210 
2211 -2262 



APPROVED RULES 

Environment, Health, and Natural Resources 

Environmental Management 

Health Services 

Marine Fisheries 

Wildlife Resources 
Human Resources 

Facility Services, Child Day Care 

Medical Assistance 
Insurance 

Life and Health Division 
Justice 

Criminal Justice Education & Training Standards 
Licensing Boards 

Nursing, Board of 

Nursing Home Administrators, Board of 
Transportation 

Highways, Division of 



VI. RULES REVIEW COMMISSION 2263 - 2266 

VU. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 2267 - 2283 

Text of Selected Decisions 

96 ABC 2082 2284 - 2286 

90 OSP 0390 & 0391 2287 - 2294 

Vin. CUMULATIVE INDEX 1-50 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg1129nort 



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IN ADDITION 



This Section contains public notices that are required to be published in the Register or ha\'e been approved by the 
Codifier of Rules for publication. 



North Carolina Department of Labor 

Division of Occupational Safety and Health 

319 Chapanoke Road 

Raleigh, NC 27603 

(919) 662-4575 



NOTICE OF VERBATIM ADOPTION OF FEDERAL STANDARDS 

In consideration of G.S. 150B-21.5(c) the Occupational Safety and Health Division of the N.C. 
Department of Labor hereby gives notice that the North Carolina Administrative Code at 13 NCAC 07 A 
.0301 automatically includes amendments to certain parts of the Code of Federal Regulations, including 
Title 29, Part 1903~Inspections, Citations and Proposed Penalties. The effective date of the following 
automatic verbatim adoption was May 30, 1997. 

The March 31, 1997, Federal Register (62 FR 61, 15324-15340) contained a final rule concerning 
abatement verification that amended 29 CFR 1903. The amendment reduces documentation submittal 
requirements associated with corrected violations (abatement verification) and enhances employee 
notification methods. OSHNC procedures and practices for abatement verification documentation are 
ab-eady similar to this amendment. However, there are a number of new/revised employer requirements 
in the new final rule. The following is a topical list of the major changes: 

- Methods for modification of abatement dates 

- Abatement certification content and time limit for certifying that abatement is complete 
Requirements and methods related to employee notification, including posting requirements 

- Abatement Plan requirements 

- Additional abatement requirements for violations involving movable equipment 

The Federal Register (FR), as cited above, contains both technical and economic discussions that explain 
the basis for the changes. 

For additional information regarding this notice please contact: 

Peggy D. Morris 

Division of Occupational Safety and Health 

3 1 9 Chapanoke Road 

Raleigh, NC 27603 

(919)662-4581 



11:29 NORTH CAROLINA REGISTER June 2, 1997 2178 



IN ADDITION 



U.S. Department of Justice 
Civil Rights Division 



IKP:JBG:NT:tlb Voting Section 

DJ 166-012-3 P.O. Box 66128 

97-0472 Washington, B.C. 20035-6128 



April 14, 1997 



Susan K. Nichols, Esq. 

Special Deputy Attorney General 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 

Dear Mr. Nichols: 

This refers to the schedule for the April 29, 1997, special election for District 3 for the Board of Education of Beaufort 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. 
We received your submission on February 11, 1997; supplemental information was received on February 12, 1997. 

The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement 
of the change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51 .41). 

Sincerely, 

Isabelle Katz Pinzler 

Acting Assistant Attorney General 

Civil Rights Division 

By: 

Elizabeth Johnson 
Chief, Voting Section 



2179 NORTH CAROLINA REGISTER June 2, 1997 11:29 



IN ADDITION 



U.S. Department of Justice 
Civil Rights Division 



IKP:DHH:KIF:jdp Voting Section 

DJ 166-012-3 P.O. Box 66128 

97-0594 Washington, D.C. 20035-6128 

97-0713 

97-0816 

April 23, 1997 



Jesse L. Warren, Esq. 

City Attorney 

P.O. Box 3136 

Greensboro, North Carolina 27402-3136 

i Dear Mr. Warren: 

This refers to three annexations, (Ordinance Nos. 19, 21 and 30 (1997)) and their district designation for the City of 
Greensboro in Guilford County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights 
Act, 42 U.S.C. 1973c. We received your submissions on February 24, March 5 and 13, 1997. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement 
of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

( Sincerely, 

Isabelle Katz Pinzler 
' Acting Assistant Attorney General 

' Civil Rights Division 

' By: 

L Elizabeth Johnson 

f Chief, Voting Section 



11:29 NORTH CAROLINA REGISTER June 2, 1997 2180 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a staiement of subject matter of the agency 's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed tact of 
a rule. Publication of a temporary rule ser\es as a Notice of Rule-making Proceedings and can be found in the Register 
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency ser\'es as Rule-making 
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: 
G.S. 150B-21.2. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 3 - FACH^ITY SERVICES 

SUBCHAPTER 3U - CHILD DAY CARE 
STANDARDS 

'KJotice of Rule-making Proceedings is hereby given by the NC Child Day Care Commission in accordance with G.S. 
1 V 150B-21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: lONCAC 3U .2500 - Other rules may be proposed in the course 
of the rule-making process. 

Authority for the rule-making: G.S. 110-91; 143B-168. 3 

Statement of the Subject Matter: Requirements for child care programs ser\ing school age children. 

Reason for Proposed Action: To review the requirements for child care programs sending school age children. 

Comment Procedures: Questions or written comments regarding this matter may be directed to Nancy Guy, APA 
Coordinator. Division of Child Development, 319 Chapanoke Road, P.O. Box 29553, Raleigh. NC 27626-0553, (919) 662- 
4543. 



2181 NORTH CAROLINA REGISTER June 2, 1997 11:29 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published 
a Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from 
the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required 
comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5, 000, 000) . 
Statutory reference: G.S. 150B-21.2. 



TITLE 4 - DEPARTMENT OF COMMERCE 



OF CREDIT UNIONS 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the Department of Commerce, Credit 
Union Division intends to amend rules cited as 4 NCAC 6C 
.0205, .0407 and adopt rule 6C .0409. Notice of Rule- 
making Proceedings was published in the Register on 
December 15, 1995. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 10:30 a.m. on June 
24, 1997 ca the North Carolina Credit Union Division, 1110 
Navaho Drive, Suite 300, Raleigh, NC 27609. 

Reason for Proposed Action: 

4 NCAC 6C .0205 - Restricted Activities of Directors: 

Officials: Employees have been interpreting and creating 

inconsistent policies and procedures among state chartered 

credit unions. The new action will make it easier to interpret 

and will allow consistency among credit union policies and 

procedures arul improve compliance. 

4 NCAC 6C .0407 - Business Loans will be amended to be 

consistent with the Federal Regulation 701.21 H, Member 

Business Loans, which is the regulation for all federally 

insured credit unions. 

4 NCAC 6C .0409 - Loan Limitations is proposed to make 

the limitations applicable to all types of loans made in credit 

unions. The existing rule is hidden in the Business Loan 

regulation. 

Comment Procedures: Any interested person may present 
his/her comments either in writing prior to or at the hearing 
or orally at the hearing, for a maximum of ten minutes. Any 
person may request information by writing or calling Mr. 
Antonio Knox, Credit Union Division, 1110 Navaho Dr., 
Suite 300, Raleigh, NC 27609, Telephone (919)850-2929. 
Comments will be accepted through July 2, 1997. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 6 - CREDIT UNION 
DIVISION 

SUBCHAPTER 6C - CREDIT UNIONS 

SECTION .0200 - ORGANIZATION 



.0205 LOANS TO CREDIT UNION OFHCIALS 

(a) The Board of direc t ors and committee o fficers shall not 
b e en t i t led t o s p ecial privileges in bor r owing f unds, and those 
loan p o lici e s and r e s t rictions which apply to members in 
general shall in all r es p ects be a pp licable to such officials. 
Tlierefore, l o ans t o o fficials may never be at terms, amounts 
o r o n conditions more favorable than those extended to o the r 
b orro wers. A memb er of t he c r edi t commit t ee shall not act 
o n his own application fo r a loan. Officials. For purposes 
of this Rule, an "official" is a member of the board of 
directors, credit committee or supervisory committee: the 
President. Chief Executive Officer. Chief Financial Officer. 
Comptroller. General Manager. Treasurer/Manager or 
Executive Vice President: and attorneys and accountants of 
the credit union. 

(b) I t shall be unlaw f ul f or an o ffice r , di r ec t or or 
em p l o yee of a credi t uni o n: Loans to Officials. A loan or 
line of credit extended to an official as the borrower, direct 
obligor, endorser, cosigner or guarantor with direct or 
indirect pecuniarv interest in the loan shall be reviewed, by 
the Board of Directors or a duly a ppointed committee 
thereof as provided in Paragraph (c) of this Rule, at the next 
re gular meeting following the date of such extension of 
credit, provided the following computation produces a total 
amount in excess of twenty-five thousand dollars ($25.000) 
including limits of credit cards. 

(1) t o hav e any inte r es t , di r ec t ly or indi r ec t ly, in t he 
p r o ceeds of a l o an or of a purchase o r sal e made by 
a c r edit uni o n, unless such l o an, purchase or sale 
is authoriz e d e xpressly by res o luti o n of the Board 
o f di r ec to rs, pr o vided such resolu t i o n is approved 
by v ote o f a t least two- t hi r ds of t he Di r ec t o r s of a 
cmiit uni o n; any interested director t aking no part 
in the a pp raisal of said prop erties or in such vote; 
Add: 

(A) the loan amount extended for the current 
loan: 

(B) the outstanding balances of loans, including 
the used portion of an approved line of 
credit, extended to or endorsed, cosigned or 
guaranteed b^ the official: and 

(O the total unused portion of approved lines of 
credit extended to or endorsed, cosigned or 
guaranteed by the official. 

(2) to hav e any in t e r es t , di r ect or indi r ec t , in the 
p urchase at less than its fac e valu e of any evidence 
o f a savings acc o un t or ot he r indeb t edness issued 
by a credit union. Subtract from the above total: 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2182 



PROPOSED RULES 



(A) the amount of shares pledged by the official 
on loans or lines of credit extended to. or 
endorsed, cosigned or guaranteed by the 
official: and 

(B) the amount of shares pledged by the official 
on the current loan or line of credit. 

(c) Penal t y. — Any vi o la t ion of th e se p r ovisions shall be 
sufficien t basis fo r r emoval of any such officer, di r ec t o r o r 
e mployee of a c r edi t uni o n by the Administ r ato r . Review of 
Loans to Officials B>- Dul> Appointed Committee. The board 
of directors may appoint a committee to review and report on 
loans made to officials. All members of the committee shall 
be on the board of directors. The committee shall meet before 
the regular monthly board meeting to re\iew all officials" 
loans that ha\e been appro\ed since the preMous meeting. 
The committee shall make a report to the board which shall 
consist of at least the official's loan number, his or her title or 
position, the amount of the loan, purpose of the loan. 
aggregate amount of indebtedness to the credit union and a 
statement regarding compliance with loan policies. Each 
credit union's board of directors must review this loan 
appro\al report on a monthl\ basis. This re\ lew may be done 
at the regular monthly board meeting. In the event the board 
does not meet monthly, a procedure must be established 
\\hereb^ a wntten report will be sent to each director on a 
monthly basis. 

(d) Nonpreferential treatment. The rates, terms and 
conditions on a loan or line of credit either made to or 
endorsed, co-signed or guaranteed by: 

(1) an official: 

an immediate family member of an official: or 
any individual having a common ownership, 
investment or other pecuniary interest in a business 
enterprise with an official or with an immediate 
family member of an official, shall not be more 
favorable than the rates, terms and conditions for 
comparable loans or lines of credit to other credit 
union members. "Immediate family members" 
means a spouse or other family member living in 
the same household. 

(e) Avoidance of Conflicts. No official or an^; employee 
of the credit union shall in any manner, directly or indirectly, 
participate in the deliberation upon or the determination of 
TTvy question affert inr. h\^ ppf-ii"iar>' interest or the pecuniary' 
interest of any corporation, partnership, or association (other 
than the credit union) in which fie is directly or indirectly 
interested. 

if) Indirect Benefits. It shall be unlawful for an official or 
employee to: 

(1) have any interest whatsoever or to benefit in any 
manner in tfie proceeds of a foan or from the sale 
by the credit union of any real or personal property 
unless the official or employee has disclosed to the 
board of directors of ttie credit union the nature 
and extent of the benefit which wiff be received 
and such foan or sale, regardless of the amount of 
money involved, has t^een approved by a vote of at 
feast two thirds of the directors of the credit union: 



ill 
Ql 



or 
(21 to have any interest direct or indirect, in the 
purchase at less than its face value of any savings 
account or evidence of indebtedness issued by a 
credit union, 
(g) Penalty. A violation of the provisions of this Rule 
shall be sufficient basis for removal of an^ official or 
employee by the Administrator. 

Authority G.S. 54-109.12; 54-109.19; 54-109.39. 

SECTION .0400 - LOANS 

.0407 BUSINESS LOANS 

(a) Ten Pe r cent Limit. No loan o r line of c r edit advance 
may be made to any membe r if such l o an o r advance would 
cause t hat membe r t o b e indebt e d to the North Carolina 
Credit Union upon loans and advances made to t he m e mb e r 
in aggrega t e amoun t exceeding 10 p ercen t of t he Credit 
Union's t otal unimpaired shares and su rp lus. In th e cas e o f 
member business loans, — as h er ein defined, — addi t i o nal 
limi t a t ions apply as set for t h in t his Rul e : Prohibited fees. 
A North Carolina credit union shall not make any loan or 
extend any line of credit ifl either directly or indirectly, any 
commission, fee or other compensation is to be received by 
the Credit Union's directors, committee memt?ers. senior 
management employees, loan officers, or ani immediate 
family members of such individuals, in connection with 
tmderwnting. insunng. servicing or collecting the loan or line 
of credit. However, salary (except commissions") for 
employees is not prohibited by this Section. For purposes of 
this Section, "semor management employees" means the 
Credit Umon's chief executne officer (typically this 
indiyidual holds the title of President or Treasurer/Manager), 
any assistant chief executive officers (e.g.. Assistant 
President. Vice President or Assistant Treasurer/Manager), 
and the ctuef finanaal officer (Comptroller), and "immediate 
family membicr" means a spouse or other family member 
living in the same household. 

(tr) Prohibit e d fe e s. A No rt h Car o lina credit uni o n shall 
not make any loan o r ex t end any lin e o f c r edi t if, eithe r 
di r ec t ly — or — indirec t ly. — any — commission, — fee — o r o the r 
com p ensation is to be rec e ived by the C r edi t Uni o n's 
di r ec t o r s, — committee — membe r s, — senio r — manag e men t 
employees, loan o ffice r s, o r any inmiediate family memb e rs 
of such individuals, — in connection — with underwriting, 
insu r ing, se r vicing o r c o llec t ing t he loan o r line of credi t - 
Howeve r , salary ( e xc ept commissi o ns) for employees is not 
p r ohibited by this Secti o n. — fo r p ur p os e s of this S e c t ion, 
"senior manag e ment employees'' means t he C r edit Union's 
chief ex e cutive office r (ty p ically this individual holds the t i t le 
o f P r esiden t o r T r easu rer /Manag er ), any assis t ant chief 
executive office r s (e.g.. Assistant P r esiden t , "Vice President 
o r Assis t an t Treasure r /Manage r ), and the chief financial 
office r (Comptroller), and "immediate family member" means 
a spouse o r o t her family member living in t h e sam e 
household. 
(ei — Non pr efe r en t ial T r ea t ment. 



The r a t es, tcuris and 



2183 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



PROPOSED RULES 



condi t i o ns o n any loan or line, of credi t eithe r mad e to , or 
end o rsed o r guaran t eed by : 

i^ an o fficial; 

f2) an immedia t e family membe r o r an o fficial, o r 

(9) any individual — having a coiiTmon o wne r shi p , 

investment or other pecuniary interes t in a business 
enter p rise with an o fficial or wi t h an immedia t e 
family membe r o f an o fficial, shall not be more 
fav o rable than the rates, terms and c o ndi t i o ns f or 
c o mparable l o ans o r lines o f c r edi t t o other credi t 
union membe r s. — "Immedia t e family m e mbe r " 
means a sp o use or o t her family member living in 
the same h o useh o ld. 
£bi(d) Member Business Loans: 

(1) Definitions: 

(A) Member business loans mean any loan, line 
of credit, or letter of credit, the proceeds of 
which will be used for commercial, 
corporate, business, investment property or 
venture, or agriculture purpose, except that 
the following shall not be considered 
member business loans for purposes of this 
Section: 

(i) A loan or loans fully secured by a 
lien on a one to four family dwelling 
that is the member's primary 
residence. 

(ii) A loan that is fully secured by shares 
in the credit union or deposits in 
other financial institutions. 

(iii) A loan meeting the general definition 
of member business loans under 
Sub p arag r a p h — (d) Subparagraph 
(b)(1)(A) of this Rule, and, made to a 
borrower or an associated member fits 
defined in Sub p a r ag r a p h (d)(1)(A) o f 
this Rule] , which, when added to 
other such loans to the borrower or 
associated member, is less than 

twenty - five th o usand d o lla r s 

($25,000) fifty thousand dollars 
($50.000). 

(iv) A loan, the repayment of which is 
fully insured or fully guaranteed by, 
or where there is an advance 
commitment to purchase in full by, 
any agency of the federal government 
or of a state or any of its political 
subdivisions. 

(v) A loan granted by a corporate credit 
union operating under the provisions 
of the North Carolina General 
Statutes to another credit union. 

(B) Reserves means reserve fund, undivided 
earnings, current earnings, and excludes the 
Allowance for Loan Losses. 

(C) Associated Member means any member 



with a shared ownership, investment or 
other pecuniary interest in a business or 
commercial endeavor with the borrower. 

(D) Immediate Family Member means a spouse, 
or other family member living in the same 
household. 

(E) Loan-to-Value (LTV) ratio means the 
quotient of the aggregate amount of all sums 
borrowed from all sources on an item of 
collateral divided by the market value of the 
collateral used to secure the loan. 

(F) Construction or development loan means a 
financing arrangement for the purpose of 
acquisition of property or rights to property 
or rights to property including land or 
structures with the intent of conversion into 
income-producing property including 
residential housing for rental or sale, 
commercial or industrial use, or a similar 
use. 

(2) Requirements. Member business loans, as defined 
in Sub p arag r t^h (d) Subparagraph {b)( 1 )( A) of this 
Rule may be made by credit unions only in 
accordance with the applicable provisions of 
Paragraphs (a) t hru (c) o f t his Rule Rule .0409 and 
.0205(d) and the following additional 
requirements: 

(A) Written loan policies. The Board of 
Directors must adopt specific business loan 
policies and review them at least annually. 
The policies shall, at a minimum, address 
the following: 
(i) Types of business loans that will be 

made; 
(ii) The credit union's trade area for 

business loans; 

(iii) Maximum amount of credit union 

assets, in relation to reserves, that 

will be invested in business loans; 

(iv) Maximum amount of credit union 

assets, in relation to reserves, that 

will be invested in a given category 

or type of business loan; 

. (v) Maximum amount of credit union 

assets, in relation to reserves, that 

will be loaned to any one member or 

group of associated members, subject 

to Subparagraph (d) Subparagraph 

{b}(2)(C)(i) of this Rule; 

(vi) Qualifications and experience of 

personnel involved in making and 

administering business loans with a 

minimum of two years direct 

experience with this type of lending; 

(vii) Analysis of the ability of the 

borrower to repay the loan; 
(viii) Documentation supporting each 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2184 



PROPOSED RULES 



request for an extension of credit or 
an increase in an existing loan or line 
of credit shall (except where the 
Board of Directors finds that such 
documentation requirements are not 
generally available for a particular 
type of business loan and states the 
reasons for those findings in the 
credit union's written policies) 
include the following: balance sheet, 
cash flow analysis, income statement, 
tax data, leveraging; comparison with 
industry averages; receipt and 
periodic updating of financial 
statements and other documentation; 
including tax returns; 
(ix) Collateral requirements, including 
loan-to-value ratios; appraisal, title 
search and insurance requirements; 
steps to be taken to secure various 
types of collateral; and how often the 
value and marketability of collateral 
is reevaluated; 
(x) Appropriate interest rates and 

maturities of business loans; 
(xi) Loan monitoring, servicing and 
follow-up procedures, including 
collection procedures; 
(xii) Provision for periodic disclosure to 
the credit union's members of the 
number and aggregate dollar amount 
of member business loans; 
(xiii) Identification, by position, of those 
senior management employees 
prohibited by Parag r a p h (c) o f this 
Rtric Rule .0205(d) of this Chapter 
from receiving member business 
loans. 
(B) Other policies. The following minimum 
limits and policies shall also be established 
in writing and reviewed at least annually for 
loans granted under this Section: 
(i) Loans shall be granted on a fully 
secured basis by collateral as follows: 
(I) Second lien for LTV ratios of 

up to 70 percent; 
(II) First lien for LTV ratios of up 

to 80 percent; 
(III) First lien with a LTV ratio in 
excess of 80 percent shall be 
granted only where the value 
in excess of 80 percent is 
covered through acquisition of 
private mortgage, or 
equivalent type insurance 
provided by an insurer 
acceptable to the credit union 
or insurance or guarantees by 



or subject to advance 

commitment to purchase by, 

an agency of the federal 

government or of a state or 

any of its political 

subdivisions, and in no event 

shall the LTV ratio exceed 95 

percent; 

(ii) Loans shall not be granted without 

the personal liability and guarantees 

of the principals (natural person 

members) except where the borrower 

is a not-for-profit organization as 

defined by the Internal Revenue 

Service Code (26 U.S.C. 501); 

(iii) All loans to non-natural persons, 

except to other credit unions, must be 

secured as required in Chapter 54- 

109.27 of the North Carolina General 

Statutes. 

(C) Loan Limits. 

(i) Loans to one borrower. Unless a 
greater amount is approved by the 
Administrator, with the concurrence 
of the Regional Director of the 
National Credit Union 

Administration, the aggregate amount 
of outstanding member business 
loans to any one member or group of 
associated members shall not exceed 
15 percent of the credit union's 
reserves (less the Allowance for Loan 
Losses account), or seventy-five 
thousand dollars ($75,000) 
whichever is higher. If any portion 
of a member business loan is secured 
by shares in the credit union, or 
deposits in another financial 
institution, or fully or partially 
insured or guaranteed by, or subject 
to an advance commitment to 
purchase by, any agency of the 
federal government or of a state or 
any of its political subdivisions, such 
portion shall not be calculated in 
determining the 15 percent limit, 
(ii) Exceptions. Credit unions seeking 
an exception from the limits of 
Sub p arag r a p h — (d) Subparagraph 
£bl(2)(C)(i) or fd)(b)(3) of this Rule 
must present the Administrator of 
Credit Unions and the Regional 
Director of the National Credit 
Union Administration with, at a 
minimum; the higher limit sought; an 
explanation of the need by the 
members to raise the limit and ability 
of the credit union to manage this 



2185 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



PROPOSED RULES 



(D) 



activity; an analysis of the credit 
union's prior experience making 
member business loans; and a copy 
of it business lending policy. The 
analysis of credit union experience in 
making member business loans shall 
document the history of loan losses, 
loan delinquency, volume and 
cyclical or seasonal patterns, 
diversification, concentrations of 
credit to one borrower or group of 
associated borrowers in excess of 15 
percent of reserves (less the 
Allowance of Loan Losses account), 
underwriting standards and practices, 
types of loans grouped by purpose 
and collateral and qualifications of 
personnel responsible for 

underwriting and administering 
member business loans. The credit 
union must have written approval of 
the Administrator of Credit Unions 
and the Regional Director of the 
National Credit Union 

Administration to exceed the 
limitations contained in this Rule. 

(ill) Maturity. Member business loans 
shall be granted for periods 
consistent with the purpose, security, 
creditworthiness of the borrower and 
sound lending policies. 

(iv) Monitoring requirement. Credit 
unions with member business loans 
in excess of 100 percent of reserves 
(less the Allowance for Loan Losses 
account) shall submit the following 
information regarding member 
business loans to the Administrator 
on a quarterly basis: the aggregate 
total of loans outstanding; the 
amount of loans delinquent in excess 
of 30 days; the balance of the 
allowance for member business loan 
losses; the aggregate total of all 
concentrations of credit to one 
borrower or group of associated 
borrowers in excess of 15 percent of 
reserves (less the Allowance for Loan 
Losses account); the total number 
and amount of all construction, 
development or speculative loans; 
and any other information pertinent 
to the safe and sound condition of the 
member business loan portfolio. 

Allowance for loan losses, 
(i) The determination whether a member 
business loan will be classified as 



substandard, doubtfiil, or loss, for 
purposes of the valuation allowance 
for loan losses, will rely on factors 
not limited to the delinquency of the 
loan. Nondelinquent loans may be 
classified depending on an evaluation 
of factors, including but not limited 
to, the adequacy of analysis and 
documentation, 
(ii) Loans classified shall be reserved as 
follows: 

(I) Substandard loans at ten 
percent of outstanding amount 
unless other factors (e.g. 
history of such loans at the 
Credit Union) indicate a 
greater or lesser amount is 
appropriate. Loans classified 
as substandard loans are 
inadequately protected by the 
current sound worth and 
paying capacity of the obligor 
or of the collateral pledged, if 
any. Loans classified must 
have a well-defined weakness 
or weaknesses that jeopardize 
the liquidation of the debt. 
They are characterized by the 
distinct possibility that the 
Credit Union will sustain 
some loss if the deficiencies 
are not corrected. Loss 
potential, while existing in the 
aggregate amount of 
substandard loans, does not 
have to exist in individual 
loans classified substandard. 
(II) Doubtful loans at 50 percent 
of outstanding amount. Loans 
classified as doubtful loans 
have all the weaknesses 
inherent in ones classified 
substandard, with the added 
characteristic that the 
weaknesses make collection or 
liquidation in full, on the basis 
of currently existing facts, 
conditions, and values, highly 
questionable and improbable. 
The possibility of loss is 
extremely high, but because of 
certain important and 
reasonably specific pending 
factors which may work to the 
advantage and strengthening 
of the loan its classification as 
an estimated loss is deferred 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2186 



PROPOSED RULES 



until its more exact status is 
determined. Pending factors 
include: proposed merger, 
acquisition, or liquidation 
actions, capital injection, 
perfecting liens on additional 
collateral, and refinancing 
plans. 
(Ill) Loss loans at 100 percent of 
outstanding amount. Loans 
classified as loss loans are 
considered uncollectible and 
of such little value that their 
continuance as loans is not 
warranted. This classification 
does not necessarily mean that 
the loan has absolutely no 
recovery or salvage value, but 
rather it is not practical or 
desirable to defer writing off 
this basically worthless asset 
even though partial recovery 
may occur in the future. 

(3) Construction and development lending. Loans 
granted under this Section to finance the 
construction or development of commercial or 
residential property shall be subject to the 
following additional provisions: 

(A) The aggregate of all such loans, excluding 
any portion of a loan secured by shares in 
the credit union, or deposits in another 
financial institution, or fully or partially 
insured or guaranteed by, or subject to an 
advance commitment to purchase by, any 
agency of the Federal Government or of a 
State or any of its political subdivisions, 
shall not exceed 15 percent of reserves (less 
the Allowance for Loan Losses account); 

(B) The borrower shall have a minimum of 35 
percent equity interest in the project being 
financed; 

(C) Funds for such projects shall be released 
following on-site inspections by 
independent personnel, qualified as in this 
Rule, in accordance with a preapproved 
draw schedule. 

(4) Prohibitions. 

(A) Senior management employees. A credit 
union may not make member business loans 
to the following: 
(i) Any member of the Board of 

Directors who is compensated as 

such; 
(ii) The credit union's chief executive 

officer (typically this individual 

holds the title of President or 

Treasurer/Manager); 
(iii) .Any assistant chief executive officers 



(e.g. Assistant President, Vice- 
President or Assistant 
Treasurer/Manager) ; 
(iv) The chief financial officer 

(Comptroller); 

(v) Any associated member or immediate 

family member of the senior 

management employees listed in 

Sub p aragraphs — hf> Subparagraphs 

£bi(4)(A)(i) thru (iv) of this Rule. 

(B) Equity kickers/joint ventures. A credit 

union shall not grant a member business 

loan where a portion of the amount of 

income to be received by the credit union in 

conjunction with such loan is tied to the 

profit or sale of the business or commercial 

endeavor for which the loan is made. 

(5) Recordkeeping. All loans, lines of credit, or 

letters of credit, the proceeds of which will be used 

for a commercial, corporate, business, investment 

property or venture, or agriculture purpose, shall 

be separately identified in the records of the credit 

union and reported as such in financial and 

statistical repons required by the Administrator or 

the Regional Director of the National Credit Union 

Administration. 

Authority G.S. 54-109.12; 54-109.21(25); 54-109.78; 
Federal Regulation NCUA 741.3. 

.0409 LOAN LIMITATIONS 

(a) No loan or line of credit advance shall be made to an 
individual member or immediate family member, as defined 
in Rule .0407 (b)(1)(D). if such a loan or Hne of credit 
advance would cause that member along with that member's 
immediate family to be indebted to the credit union in an 
aggregate amount exceeding 10 percent of the credit union's 
unimpaired shares and surplus. For purposes of this section 
"unimpaired shares" shall mean shares without any 
assignments or pledges. ^ Surplus" shall mean undivided 
earnings and reserves. 

£bl In the case of member business loans, additional loan 
limitations apply as set forth in Rule .0205(d) of this Chapter 
and Rule .0407(b)(2)(C)(i) of this Section. 

Authority G.S. 54-109.67. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Medical Care 
Commission intends to adopt rules cited as 10 NCAC 3B 
.1001 - .1002 and amend 3C .3707. Notice of Rule-making 
Proceedings was published in the Register on January 15, 
1997. 



2187 



NORTH CAROLINA REGISTER 



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11:29 



PROPOSED RULES 



Proposed Effective Date: August 1. 1998 

A Public Hearing will be conducted at 9:30 a.m. on 
September 12, 1997 at the Duke Clinic South. Medical 
Center Board Room #11708, Erwin Road, Durham, NC 
27712. 

Reason for Proposed Action: 

10 NCAC 3B .1001 - .1002 - To adopt permanent rules for 

the temporary version of the rules governing the health care 

personnel registry which were adopted pursuant to Senate 

Bill 855. 

10 NCAC 3C .3707 - To make the rule less restrictive 

regarding who is qualified to issue medical orders and who 

can authenticate such orders. 

Comment Procedures: Oral comments may be made at the 
public hearing and written comments may be submitted at the 
hearing; howei'er, persons are encouraged to submit written 
comments by September 2, 1997 to allow the Commission 
sufficient time to review and consider the comments. 
Comments should be directed to the rule-making coordinate 
as follows: Jackie Sheppard, Rule-making Coordinator, P.O. 
Box 29530, Raleigh, NC 27626-0530. Fax: (919) 733-2757. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds . These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3B - PROCEDURAL 
RULES 

SECTION .1000 - HEALTH CARE 
PERSONNEL REGISTRY 

.1001 DEFINITIONS 

The following definitions shall apply throughout this 
Subchapter: 

(1) "Abuse" means the willful infliction of injury, 
unreasonable confinement, intimidation or 
punishment with resulting physical harm, pain or 
mental anguish. 

(2) "Diversion of drugs" means the unauthorized 
taking or use of any drug. 

(3) "Drug" means any chemical compound that may be 
used on or administered to humans or animals as 
maid in the diagnosis, treatment or prevention of 
disease or other condition or for the relief of pain 
or suffering or to control or improve any 
physiological pathologic condition. 

(4} "Finding" (when used in conjunction with the 
Health Care Personnel Registry) means a 
determination by the Department that an allegation 
of resident abuse or neglect, misappropriation of 



resident or health care facility property . diversion 
of drugs belonging to a resident or health care 
facility, and fraud against a resident or health care 
facility has been substantiated. 

(5) "Fraud" means w intentional deception or 
misrepresentation made by a person with the 
knowledge that the deception could result in some 
unauthorized benefit to himself or some other 
person. U includes any act that constitutes fraud 
under applicable Federal or State Law. 

(6) "Health Care Facility" means all the facilities and 
agencies as defined in G.S. 131E-256(b). 

(7) "Health Care Personnel" means all the persons as 
defined in G.S. 131E-256(c). 

(S) "Misappropriation of resident property" means the 
deliberate misplacement. exploitation. or 
wrongful, temporary or permanent use of a 
resident's belongings or money without the 
resident's consent. 
(9) "Misappropriation of the property of a health care 
facility" means the deliberate misplacement, 
exploitation, or wrongful, temporary or permanent 
use of a health care facility's property without the 
facility's consent. 

(W) "Neglect" means a failure to provide goods and 
services necessary to avoid physical harm, mental 
an guish or mental illness. 

(11) "Resident" means all the individuals residing in or 
being served by a health care facility as defined in 
G.S. 131E-256(b). 

Authority G.S. 131E-256. 

.1002 INVESTIGATING AND REPORTING 
HEALTH CARE PERSONNEL 

(a) The health care facility shall thoroughly investigate and 
document all allegations of resident abuse or neglect, 
misappropriation of resident or facility property, diversion of 
drugs belonging to a resident or facility, and fraud against a 
resident or facility, within five working days of the date the 
facility becomes aware of the alleged incident. The facility 
shall take whatever steps are necessary to prevent further acts 
of abuse, neglect, misappropriation of property, drug 
diversion, or fraud while the investigation is in pro gress. 

(b) Upon completion of the investigation, the health care 
facility shall ensure that all allegations which appear to a 
reasonable person to be related to any act of resident abuse or 
neglect, misappropriation of resident or facility property, 
diversion of drugs belonging to a resident or facility, and 
fraud against a resident or facility are reported immediately 
to the Division of Facility Services. The report shall be 
printed or typed and mailed or faxed to the Division. The 
report shall include all information relevant to the 
investigation. 

Authority G.S. 131E-256. 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2188 



PROPOSED RULES 



SUBCHAPTER 3C - LICENSING OF 
HOSPITALS 

SECTION .3700 - MEDICAL STAFF 

.3707 MEDICAL ORDERS 

(a) No medication or treatment shall be administered or 
discontinued except in response to the order of a member of 
the medical staff in accordance with established rules and 
regulations. 

(b) Such orders shall be dated and recorded directly in the 
patient chart or in a computer or data processing system 
which provides a hard copy printout of the order for the 
patient chart. A method shall be established to safeguard 
against fraudulent recordings. 

fir* — All orde r s fo r medication o r t rea t ment shall be 
authenticat e d at the t ime of recording by the or dering 
member of tlie medical s t aff excep t as s p ecified in p arag r a p h 
(e) of t his Rul e . — Auth e n t ica t ion mus t be accom p lished by 
signa t ure, ini t ials, c o m p u ter entiy or code or othe r methods 
n ot in co nsis t ent with t he laws, rules and r egula t ions of any 
other applicable ju r isdic t i o ns. 

(c) All orders for medication or treatment shall be 
authenticated according to hospital policies. The order shall 
be taken by personnel qualified by medical staff rules and 
shall include the date, time, and name of persons who gave 
the order, and the full si gnature of the person taking the 
order. 

(d) The names of drugs shall be recorded in full and not 
abbreviated except where approved by the medical staff. 

(c) — V e rbal o rde r s shall be taken and t r anscribed in th e 
p a t ien t 's medical r ecord by personnel qualified acc o rding t o 
medi c al staff bylaws and r ules. The or de r shall include t he 
date. t ime, and f ull signa t u r e of the p e rs o n t aking the order 
and shall be c o un t e r signed by a p hysician within 24 h o u r s. 
Authentica t i o n must be ac co m p lished by signatu r e, initials, 
computer en tr y c o de, or ot h er m e thods not inconsis t en t with 



the laws, r ules and 



regulati o ns o f any other applicable 
jurisdic t ions. 

ifliSl The medical staff shall establish a written policy in 
conjunction with the pharmacy committee or its equivalent 
for all medications not specifically prescribed as to time or 
number of doses to be automatically stopped after a 
reasonable time limit, but no more than 14 days. The 
prescriber shall be notified according to established policies 
and procedures at least 24 hours before an order is 
automatically slopped. 

Authority G.S. 131E-79. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Medical Care 
Commission intends to adopt rules cited as 10 NCAC 3D 
.2001. .2101 - .2106. .2201 - .2203. .2301 - .2303. and 
.2401. Notice of Rule-making Proceedings was published in 
the Register on December 15. 1995. 



Proposed Effective Date: August 1. 1998 

A Public Hearing will be conducted at 9:00 a.m. on 
September 12. 1997 at the Duke Clinic South. Medical 
Center Board Room #11708. Erwin Road. Durham, NC. 

Reason for Proposed Action: G.S. 131E-162 authorizes the 
Medical Care Commission to establish rules for a 
comprehensive trauma system in North Carolina. These rules 
will establish criteria for the trauma system and codify the 
process of designation for Level I. Level II, and Level III 
Trauma Centers. This will include the definitions to be used, 
the criteria by which applications will be evaluated, and the 
designation process itself. 

Comment Procedures: Persons who wish to make comment 
regarding these proposed rules should contact: Ms. Sharon 
Rhyne, Hospital Programs Specialist. NC Office of 
Emergency Medical Services. PO Box 29530. Raleigh. NC 
27626-0530. Tele: (919) 733-2285. Fax: (919) 733-7021. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of stale or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 3 - FACILFTY SERVICES 

SUBCHAPTER 3D - RULES AND REGULATIONS 

GOVERNING AMBULANCE 

SERVICE AND TRAUMA SYSTEMS 

SECTION .2000 - GENERAL INFORMATION 

.2001 DEFINITIONS 

The following definitions app ly throughout this 
Subchapter: 

(1) "Advanced Life Support Professional (ALS 
Professional)" means a certified emergency 
medical dispatcher, early defibrillation responder. 
medical first responder. emergency medical 
technician, emergency medical technician- 
intermediate, or emergency medical technician- 
paramedic whether working on a paid or volunteer 
basis. 

(2) "Advanced Life Support Program (ALS Program)" 
means a program of prehospital emergency medical 
care whereby definitive medical care is delivered 
to a victim of sudden injury or illness by 
appropriately educated and certified ALS 
professionals operating under the direction of a 
sponsor hospital. 

(3) "Ambulance Call Report" means a written or 
electronic record of out-of-hospital activities 
pertaining to the care of an individual patient. 

(4) "Bypass" means the transport of an Emergency 
Medical Services patient past a normally used 
Emergency Medical Services receiving facility for 



2189 



NORTH CAROLINA REGISTER 



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11:29 



PROPOSED RULES 



the purposes of accessing a designated trauma 

center or a higher level trauma center. (19) 

(5) "Contingencies" means conditions placed on a 
hospital's designation which, if uimiet. can result 
in the loss or amendment of a hospital's 
designation. 

(6) "Continuous Quality Improvement (COD" means (20) 
a system in which outcome data is used to modify 

the process of patient care and prevent repetition of 
adverse events. 

(7) "Deficiencies" are essential items for a trauma (21) 
center's designation (as defined in the document 

entitled "North Carolina's Trauma Center Criteria" 

dated November 1. 1996. which is incorporated by 

reference) that are determined to be unsatisfactory 

which can serve as the basis for the denial of a (22) 

trauma center designation or renewal. 

(8) "Department" means the North Carolina 
Department of Human Resources. (23) 

(9) "Diversion" means that a hospital of its own 
volition reroutes a trauma patient to a trauma 
center. 

(10) "E-Code" is a numeric identifier that defines the 

cause of injury, taken from the International (24) 

Classification of Diseases (ICD). 

(11) "Hospital" means a licensed facilitv as defined in (25) 
G.S. 131E-176. 

(12) "Level 1 Trauma Center" is a re gional resource 
trauma center that has the capability of providing 
leadership, research and total care for every aspect 

of injury from prevention to rehabilitation. (26) 

(13) "Level II Trauma Center" is a hospital that 
provides definitive trauma care regardless of the 
severity of iniurv. but may not be able to provide 

the same comprehensive care as a Level I trauma (27) 

center, and does not have trauma research as a 
primary objective. 

(14) "Level III Trauma Center" is a hospital that 
provides prompt assessment, resuscitation. (28) 
emergency operations, and stabilization and 
arranges for hospital transfer as needed to a Level 

I or II trauma center. (29) 

(15) "NCOEMS" means the North Carolina Office of 
Emergency Medical Services. (30) 

(16) "Regional Advisory Committee (RAO" is a group 
representing trauma care providers and the 
community, affiliated with a Level I or U trauma 
center, for the purpose of regional trauma 
plaiming. establishing, and maintaining a 
coordinated trauma system. 

(17) "Request for Proposal (RFP)" is a standardized 
state document that must be completed by each 
hospital seeking initial or renewal trauma center 
designation. 

(18) "Transfer Agreement" means a formal written 
agreement between two agencies specifying the .2101 
appropriate transfer of patient populations 



delineating the conditions and methods of transfer. 

"Trauma Center" is a hospital facility designated 

by the state of North Carolina and distinguished by 

its ability to immediately manage, on a 24-hour 

basis, the severely injured patient or those at risk 

for severe injury. 

"Trauma Center Criteria" means essential or 

desirable characteristics approved by the Medical 

Care Commission to define Level I. II or III 

trauma centers. 

"Trauma Center Designation" means a formalized 

process of approval in which a hospital voluntarily 

seeks to have its trauma care capabilities and 

performance evaluated by experienced on-site 

reviewers. 

"Trauma Minimum Data Set" means the basic data 

required of ali hospitals for submission to the 

trauma statewide database. 

"Trauma Patient" is a person who has sustained 

acute injury and b^: means of a standardized field 

triage criteria (anatomic, physiologic and 

mechanism of injury) is judged to be at significant 

risk of mortality or major morbidity. 

"Trauma Protocols" are standards for practice in a 

variety of situations within the trauma system. 

"Trauma Registry" is an OEMS maintained 

database to provide information for analysis and 

evaluation of the quality of patient care, including 

epidemiological and demographic characteristics of 

trauma patients. 

"Trauma Service" means a clinical service 

established by the medical staff that has oversight 

of and responsibility for the care of the trauma 

patient. 

"Trauma System" means an integrated network that 

ensures that acutely injured patients are 

expeditiously taken to hospitals appropriate for 

their level of injury. 

"Trauma Team" means a group of health care 

professionals organized to provide coordinated and 

timely care to the trauma patient. 

"Triage" is a predetermined schematic for patient 

distribution based upon established medical needs. 

"Weaknesses" are significant areas of concern 

identified in conjunction with a hospital's request 

for trauma center designation or renewal . A 

significant number or magnimde of weaknesses can 

result in denial of a hospital's request for initial or 

renewal trauma center designation. 



Authority G.S. 131-162. 



SECTION .2100 - TRAUMA CENTER 
STANDARDS AND APPROVAL 

LEVEL I TRAUMA CENTER 
CRITERIA 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2190 



PROPOSED RULES 



(a) To receive designation as a Level I Trauma Center, a 
hospital shall have the following: 

(1) a trauma service which has been operational for at 
least six months prior to application: 

(2) membership in and inclusion of all trauma patient 
records in the North Carolina Trauma Registry for 
at least six months prior to submitting an RFP 
application: 

(3) a trauma medical director who is a board certified 
surgeon with demonstrated special competence in 
trauma care: 

(4) a full-time trauma nurse coordinator (TNC) who is 
a registered nurse, licensed by the North Carolina 
Board of Nursing: 

(5) a full-time trauma registrar (TR> who has a 
working knowledge of medical terminology, is 
able to operate a personal computer, and has 
demonstrated the ability to extract data from the 
medical record: 

(6) clinical services in General Surgery. Neurologic 
Surgerv. Orthopedic Surgery. Emergency 
Medicine, and Anesthesiology: 

(7) response of a trauma team to provide evaluation 
and treatment of a trauma patient 24-hours-per-day 
that includes: 

(A) an in house PGY4 or senior general surgical 
resident, at a minimum, who is a member of 
that hospital's surgical residency program 
and responds within 20 minutes of 
notification: 

(B) a trauma attending who responds within 20 
minutes of notification and participates in 
therapeutic decisions and is present at all 
operative procedures: 

(C) an emergency physician who is present in 
the emergency department 24-hours-per-day 
who is either board certified or prepared in 
emergency medicine (by the American 
Board of Emergency Medicine or the 
American Osteopathic Board of Emergency 
Medicine) or board certified or eligible by 
the American Board of Surgery. American 
Board of Family Practice, or American 
Board of Internal Medicine and practices 
emergency medicine as liis primary 
specialty. This physician serves as a 
designated member of the trauma team until 
the arrival of the trauma surgeon: 

(D) neurosurgery and orthopaedic surgery 
specialists who are never simultaneously on 
call at another Level 11 or higher trauma 
center, who are available within 30 minutes 
of notification as long as there is either an 
in-house attending neurosurgeon/orthopedic 
surgeon: a PGY2 or higher in-house 
neurosurgery /orthopedic surgery resident or 
an in-house trauma surgeon or emergency 
physician as long as the institution can 



12) 



£m 



document management guidelines and 
annual continuing medical education for 
neurosurgical/orthopedic emergencies. 
There must be a specified written back-up 
on the call schedule whenever the 
neurosurgical/orthopedist is simultaneously 
on call ai a hospital other than the trauma 
center: 

an in-house anesthesiologist or a PGY4 
anesthesiology chief resident as long as an 
anesthesiologist on call is advised and 
promptly available within 20 minutes: 

(8) a written credentialing process established by the 
department of surgery to a pprove attending general 
surgeons covering the trauma service. These 
surgeons must have a minimum of board 
certification in general surgery within five years of 
completing residency: 

(9) two separate call schedules. One shall be for 
trauma, one for general surgery. In those 
instances where a physician may simultaneously be 
listed on both schedules, there must be a defined 
back-up surgeon listed on the trauma schedule. If 
a surgeon is simultaneously on call at more than 
one hospital, there must be a defined back-up 
listed on the trauma schedule. In addition, the 
hospital shall publish an on-call schedule for 
neurosurgeons, orthopedic surgeons and other 
major specialists: 

(10) standard written protocols relating to trauma care 
management must be formulated and routinely 
updated: 

(11) criteria to ensure team activation within 20 minutes 
prior to patient arrival (in instances where the 
hospital has at least 20 minutes notification). 
trauma service admission, and evaluation of 
patients w/multiple system or major injury based 
upon the earliest recognition of the following 
physiologic criteria: 

(A) shock: 

respiratory distress: 

airway compromise: 

spinal cord injury: 

unresponsiveness (Glasgow Coma Scale < 

8) w/potential for multiple injuries: 

trauma score ^12 (when in field): 
prompt surgical consults that shall be initiated 
based upon the following criteria: 
(A) falls > 20 feet: 

pedestrian struck by motor vehicle: 

motor vehicle crash with: 
£ij ejection (includes motorcycle): 

(ii) rollover: 

(iii) speed > 40 miles per hour: or 

(iv) death at the scene: 

(D) proximal amputations: 

(E) bum plus trauma: 

(F) vascular compromise: 






m 



2191 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



PROPOSED RULES 



iQl 


crush to chest or pelvis; 




m 


airway control and ventilation 


(H) 


two or more proximal long bone fractures; 
and 






equipment (laryngoscopes, 
endotracheal tubes. bag-mask 


m 


gunshot wound to torso, neck, or proximal 
extremities; 






resuscitators. pocket masks, and 
oxygen): 


(13) with 


in 30 minutes of notification, availability of 




(ii) 


pulse oximetry; 


services to include: 




(iii) 


end-tidal carbon dioxide 


£A} 


cardiac surgerv; 






determination equipment; 


iB] 


cardiology; 




(iv) 


suction devices; 


iCl 


hand surgerv; 




(vl 


elect rocardiograph-oscilloscope- 


im 


infectious disease; 






defibrillator: 


im 


internal medicine and subspecialties; 




(vi) 


apparatus to establish central venous 


in 


microvascular surgery (replant/flaps); 






pressure monitoring: 


(G) 


obstetric/gynecologic surgery: 




(vii) 


intravenous fluids and administration 


m 


ophthalmic surgery; 






devices to include large bore 


£JQ 


oral/maxillofacial surgerv; 






catheters; 


m 


pediatric surgerv; 




(viii) 


sterile surgical sets for airway 


£K} 


pediatrics: 






control/cricothvrotomv. 


£L) 


plastic surgerv; 






thoracotomy, vascular access, and 


(Mi 


pulmonary medicine; 






chest decompression; 


£m 


radiology; 




(ix) 


apparatus for gastric decompression: 


£0} 


thoracic surgerv provided bv a board 




(xl 


24-hour-per-day X-rav capability; 




certified thoracic surgeon or general trauma 




(xi) 


two-way communication equipment 




surgeon with thoracic surgical privileges: 






for communication with the 




and 






emergency transport system; 


IE) 


urologic surgery; 




(xii) 


skeletal traction devices, including 


CI 4) an emergency department which has at a minimum; 






capability for cervical traction; 


£A1 


a designated phvsician director who. if hired 




(xiii) 


arterial catheters; 




after January 1, 1992, is board certified or 




(xiv) 


thermal control equipment for 




board prepared in emergency medicine (h\ 






patients; and 




the American Board of Emergency Medicine 




(XV) 


thermal control equipment for blood 




or the American Osteopathic Board of 






and fluids; 




Emergency Medicine); (15) 


an operating suite which is immediately available 


£B} 


24-hour-per-day staffing bv physicians 


24-hours-per-dav and has at a minimum: 




physically present in the Emergency 


(A) 


24-hour-per-day immediate availability of in 




Department who: 




house staffing; 




(i) are either board certified or prepared 


(B) 


equipment for patients of all ages to 




in emergency medicine (by the 




include: 




American Board of Emergency 




m 


cardiopulmonary bypass capability; 




Medicine or the American 




(ii) 


operating microscope: 




Osteopathic Board of Emergency 




(iii) 


thermal control equipment for 




Medicine) or board certified or 






patients: 




eligible by the American Board of 




(iv) 


thermal control equipment for blood 




Surgery. American Board of Family 






and fluids: 




Practice, or American Board of 




(v) 


24-haur-per-day X-ray capability 




Internal Medicine: 






including c-arm image intensifier: 




(ii) are designated members of the trauma 




(vi) 


endoscopes: 




team; and 




(vii) 


craniotomy instruments: and 




(iii) and practices emergency medicine as 




(viii) 


capability of fixation of long-bone 




his primary specialty: 






and pelvic fractures; 


£C1 


nursing personnel with experience in trauma (16) 


a postanesthetic recovery room or surgical 




care who continually monitor the trauma 


intensive care unit which has at a minimum; 




patient from hospital arrival to disposition 


(A) 


24-hour-per-dav in house staffing bv 




to an intensive care unit, operating room, or 




registered nurses and other essential 




patient care unit: 




personnel: 


£m 


resuscitation equipment for patients of all 


(B) 


equipment for patients of all ages to 




ages to include: 




include:. 


ii;2P 


NORTH CAROLINA REGISTER 


June 2, 


1997 2192 



PROPOSED RULES 







01 


capability for continuous monitoring 




center when one exists within the region: 








of temperature, hemodynamics, and 


(22) 


radiological capabilities which has at a minimum: 








gas exchange; 




(A) 


24-hour-per-day in-house radiology 






(ii) 


capability for continuous monitoring 
of intracranial pressure; 




(B) 


technician; 

24-hour-per-day in-house computerized 






im 


pulse oximetry; 






tomography technician; 






(iv) 


end tidal carbon dioxide 
determination capability; 




(C) 
(D) 


sonography; 
nuclear scanning: 






iv} 


thermal control equipment for 
patients; and 




(E) 

(F) 


computed tomography: 
angiography; and 






(vi) 


thermal control equipment for blood 




iOl 


neuroradiology; 








and fluids; 


(23) 


a rehabilitation service which provides at a 


im 


an intensive care unit for trauma patients which has 




minimum: 




at a minimum; 




(A) 


a professional staff trained in rehabilitation 




(A) 


a designated surgical director of trauma 






care of critically injured patients: 






patients; 




(B) 


for major trauma patients, functional 




(B) 


a gh 
unit 


ysician on duty in the intensive care 
24-hours-per-dav or immediately 






assessment and recommendations regarding 
short and long term rehabilitation needs 






available from within the hospital as long as 






within one week of the patient's admission 






this 


physician is not the sole physician on 






to the hospital or as soon as 






call for the emergency department; 






hemodvnamicallv stable: 




(C) 


maximum ratio of one nurse per two 
patients on each shift; 




(C) 


full in-house rehabilitation service or a 
written transfer agreement with a 




(D) 


equipment for patients of all ages to 
include: 






rehabilitation facility accredited bv the 
Commission on Accreditation of 






m 


airway control and ventilation 
equipment (laryngoscopes, 
endotracheal tubes, bag-mask 




(D) 


Rehabilitation Facilities: and 

substance abuse evaluation and counseling 

capability; 








resuscitators and pocket masks): 


(24) 


24-hour-per-day clinical laboratory service which 






(ii) 


oxygen source with concentration 




must include at a minimum: 








controls; 




(A) 


standard analysis of blood, urine, and other 






(iii) 


cardiac emergency cart; 






body fluids; 






(iv) 


temporary transvenous pacemaker; 




(B) 


blood typing and cross-matching: 






(V) 


electrocardiograph-oscilloscope- 
defibrillator: 




(C) 
(D) 


coagulation studies: 

comprehensive blood bank or access to a 






(vi) 


cardiac output monitoring capability; 






community central blood bank with storage 






(vii) 


electronic pressure monitoring 
capability; 




im 


facilities; 

blood gases and pH determination: 






(viii) 


mechanical ventilator; 




(F) 


microbiology; and 






(ix) 


patient weighing devices: 




(G) 


dmg and alcohol screening capability; 






(X) 


pulmonary function measuring 


(25) 


a quality improvement program to include: 








devices: 




(A) 


a state approved trauma registry; 






(xi) 


temperature control devices; and 




(B) 


morbidity and mortality reviews: 






(Xll) 


intracranial pressure monitoring 
devices; 




(C) 


multidisciplinan' trauma conference, at least 
quarterlv, to include physicians, nurses. 




im 


with 


in 30 minutes of request, be able to 






pre-hospital personnel, and a variety of 






perform blood gas measurements. 






other care givers which critiques individual 






hematocrit level, and chest X-ray studies; 






cases and discusses educational issues 


am 


acute 


: hemodialysis capability; 






related to trauma; 


(\9) 


phvsician-directed bum center staffed bv nursing 




(D) 


utilization review; 




personnel trained in bum care or a written transfer 




(E) 


documentation and review of times and 




agreement > 


yith a bum center: 






reasons for trauma related diversion of 


im 


acute 


spinal 


cord management capability or written 






patients; and 




transfer agreement with a designated spinal cord 




£F1 


documentation and review of response times 




injurv rehabilitation center when one exists within 






for trauma surgeons, neurosurgeons. 




the region: 








anesthesiologists, and orthopedists: 


f2n 


acute head iniurv management capability or written 


(26) 


an outreach program to include: 




transfer aereement with a designated head injurv 




(A) 


written transfer agreements to address the 


2193 






NORTH CAROLINA REGISTER 






June 2, 1997 11:29 



PROPOSED RULES 



m 



{£1 



tm 



m 



£B 



transfer and receipt of trauma patients: 
programs for physicians within the 
community and within the referral area (to 
include telephone and on-site consuhations) 
about how to access the trauma center 
resources and refer patients within the 
system: 

development of a Regional Advisory 
Committee (RAO as specified in Rule 
■2302 of this Subchapter: 
development of regional criteria for 
coordination of trauma care: 
assessment of impact on trauma morbidity 
and mortality and on patient outcome: and 
assessment of trauma system operations at 
the regional level: 

(27) a program of trauma prevention and public 
education to include: 

(A) epidemiology research to include studies in 
injury control, collaboration with other 
institutions on research, monitoring 
progress of prevention programs, and 
consultation with qualified researchers on 
evaluation measures: 

surveillance methods to include trauma 
registry data. special Emergency 
Department and field collection projects: 
designation of a trauma prevention 
coordinator, which may be part of the 
trauma nurse coordinator effort: and 
outreach activities, program development, 
information resources and collaboration 
with existing national, re gional, and state 
trauma p ro grams: 

(28) a trauma research program designed to produce 
new knowledge applicable to the care of injured 
patients to include: 

(A) a designated trauma research director: 
regular meetings of a research group: 
if required, proposals reviewed by 
institutional review board: 
study designs which include the 
development and testing of clearly defined 
hypotheses: 

presentation of research material at local, 
regional, or national meetings: and 
publication of research material in peer- 
reviewed journals: 

(29) a documented continuing education program for 
staff physicians, nurses, allied health personnel, 
and community physicians to include: 

(A) an annual education program on the 
rehabilitation of major trauma patients for 
physicians, nurses and ancillary staff that 
deal in the early phase of care of these 
patients, including the efficacy of early 
rehabilitation interventions, long term 



m. 



iQ 



£m 



m 



£E1 



IB 



sequelae of neurologic trauma, and long 
term functional prognosis of major trauma 
patients: 
(B) assurance of: 

£i} 20 hours of category I trauma related 

continuing medical education every 

two years for all attending general 

surgeons on the trauma service: 

(ii) 20 hours of category I trauma related 

continuing medical education every 

two years for all emergency 

physicians: 

(iii) 20 hours of category I trauma related 

continuing medical education 

(beyond in house in services) every 

two years for the trauma nurse 

coordinator: 

(iv) eight hours of trauma registry related 

or trauma related continuing 

education each year, as deemed 

appropriate by the trauma nurse 

coordinator, for the trauma registrar: 

(y) at least an 80% compliance rate for 

16 hours of trauma related continuing 

education (as approved by the trauma 

nurse coordinator) every two years 

related to trauma care for RN's and 

LPN's in transport programs. 

emergency departments, primary 

intensive care units, primary trauma 

floors, and other areas deemed 

a ppropriate by the trauma nurse 

coordinator: and 

(vi) eight contact hours of trauma related 

continuing education each year for 

physician assistants and mid-level 

practitioners routinely caring for 

trauma patients: and 

(30) an organ procurement program which includes 

medical and legal criteria for donation, role of 

organ procurement or ganizations and role of 

trauma care professionals. 

(b) Initial designation as a Level 1 Trauma Center is valid 

for a period of three years. Hospitals may be issued a 

renewal designation for four years by demonstrating 

continued compliance with all criteria specified in Paragraph 

(a) of this Rule. 

Authority G.S. 131E-162. 

.2102 LEVEL II TRAUMA CENTER CRITERIA 

(a) To receive designation as a Level II Trauma Center, a 
hospital shall have the following: 

(1) a trauma service which has been operational for at 
least six months prior to application: 

(2) membership in and inclusion of all trauma patient 
records in the North Carolina Trauma Registry for 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2194 



PROPOSED RULES 



at least six months prior to application: 

(3) a trauma medical director who is a board certified 
sur geon with demonstrated special competence in 

trauma care: (8) 

(4) a full-time trauma nurse coordinator (TNC) who is 
a registered nurse, licensed by the North Carolina 
Board of Nursing: 

(5) a full-time trauma registrar (TR) who has a 
working knowledge of medical terminology, is 

able to operate a personal computer, and has (9) 

demonstrated the ability to extract data from the 
medical record: 

(6) clinical services in General Surgery. Neurologic 
Surgery. Orthopedic Surgery. Emergency 
Medicine, and Anesthesiology: 

(7) response of a trauma team to provide evaluation 
and treatment of a trauma patient 24-hours-per-dav 
that includes: 

(A) a trauma attending who responds within 20 
minutes of notification and participates in 
therapeutic decisions and is present at all (10) 
operative procedures: 

(B) an emergency physician who is present in 

the emergency department 24-hours-per-day (11) 

who is either board certified or prepared in 
emergency medicine (by the American 
Board of Emergency Medicine or the 
American Osteopathic Board of Emergency 
Medicine) or board certified or eli gible by 
the American Board of Surgery. American 
Board of Family Practice, or American 
Board of Internal Medicine and practices 
emergency medicine as his primary 
specialty. This physician serves as a 
designated member of the trauma team until 
the arrival of the trauma surgeon: 

(C) neurosurgery and orthopedic surgery 
specialists who are never simultaneously on (12) 
call at another Level II or higher trauma 

center, who are available within 30 minutes 
of notification as long as there is there is 
either an in-house attending 

neurosurgeon/orthopedic surgeon: a PGY2 
or higher in-house neurosurgery /orthopedic 
surgery resident: or an in-house emergency 
physician or the on-call trauma surgeon as 
long as the institution can document 
management guidelines and annual 
continuing medical education for 
neurosurgical/orthopedic emergencies. 
There must be a specified written back-up 
on the call schedule whenever the 
neurosurgeon/orthopedic surgeon is 
simultaneously on call at a hospital other 
than the trauma center: (13) 

(D) an in-house anesthesiologist or a PGY4 
anesthesiology chief resident as long as an 
anesthesiologist on call is advised and 



promptly available within 20 minutes or an 
in-house CRNA under physician supervision 
pending the arrival of the anesthesiologist: 
a written credentialing process established by the 
department of surgery to approve attending general 
surgeons covering the trauma service. These 
surgeons must have a minimum of board 
certification in general surgery within five yezjs of 
completing residency: 

two separate call schedules. One shall be for 
trauma, one for general sur gery. In those 
instances where a physician may simultaneously be 
listed on both schedules, there must be a defined 
back-up surgeon listed on the trauma schedule. If 
a surgeon is simultaneously on call M more than 
one hospital, there must be a defined back-up 
listed on the trauma schedule. In addition, the 
hospital shall publish an on-call schedule for 
neurosurgeons, orthopedic surgeons and other 
major specialists: 

standard written protocols relating to trauma care 
management must be formulated and routinely 
updated: 

criteria to ensure team activation within 20 minutes 
prior to patient arrival (in instances where the 
hospital has at least 20 minutes notification), 
trauma service admission, and evaluation of 
patients w/multiple system or major injury based 
upon the earliest recognition of the following 
physiologic criteria: 

(A) shock: 

(B) respiratory distress: 

(C) airway compromise: 

(D) spinal cord injury: 

(E) unresponsiveness (Glasgow Coma Scale < 
8) w/potential for multiple injuries: 

(F) trauma score < 12 (when in field): 
prompt surgical consults that shall be initiated 
based upon the following criteria: 

(A) falls > 20 feet: 

(B) pedestrian struck by motor vehicle: 

(C) motor vehicle crash with: 

(iJ ejection (includes motorcycle): 

(ii) rollover: 

(iii) speed > 40 miles per hour: or 
(iv) death at the scene: 

(D) proximal amputations: 

(E) bum plus trauma: 

(F) vascular compromise: 

(G) crush to chest or pelvis: 

(H) two or more proximal long bone fractures: 

and 
(I) gunshot wound to torso, neck, or proximal 

extremities: 
within 30 minutes of notification, availability of 
services to include: 

(A) cardiology: 

(B) internal medicine and subspecialties: 



2195 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



PROPOSED RULES 



i£l 


obstetric/gvnecoloeic surgerv: 






devices to include large bore 


(m 


ophthalmic surgerv: 






catheters: 


im 


oral/maxillofacial sureerv: 




(viii) 


sterile surgical sets for airway 


£F1 


pediatrics; 






control/cricothyrotomy , 


im 


plastic surgerv: 






thoracotomy, vascular access, and 


m 


pulmonary medicine; 






chest decompression; 


£1} 


radiology; 




(ix) 


apparatus for gastric decompression: 


m 


thoracic surgerv provided by a board 




(X) 


24-hour-per-day X-rav capability; 




certified thoracic surgeon or general trauma 




Ixii 


two-way communication equipment 




surgeon with thoracic surgical privileges; 






for communication with the 




and 








emergency transport system: 


£Ki 


urologic surgerv: 




(xii) 


skeletal traction devices, including 


n4) an emergency department which has at a minimum; 






capability for cervical traction; 


LM 


a designated physician director who. if hired 




(xiii) 


arterial catheters; 




after January 1. 1992. is board certified or 




(xiv) 


thermal control equipment for 




board prepared in emergency medicine Tbv 






patients: and 




the American Board of Emergency Medicine 




(XV) 


thermal control equipment for blood 




or 1 


he American Osteopathic Board of 






and fluids; 




Emergency Medicine); (15) 


an operating suite which is immediately available 


m 


24-hour-per-day staffing by physicians 


24-hours-per-day and which has at a minimum: 




physically present in the Emergency 


(A) 


24-hour-per-day immediate availability of in 




Department who: 




house staffing: 




m 


are either board certified or prepared 
in emergency medicine (by the 


(B) 


equipment for patients of all ages to 
include: 






American Board of Emergency 




m 


thermal control equipment for 






Medicine or the American 






patients; 






Osteopathic Board of Emergency 




m 


thermal control equipment for blood 






Medicine) or board certified or 






and fluids; 






eligible by the American Board of 




(iii) 


24-hour-per-day X-ray capability 






Surgerv. American Board of Family 






including c-arm image intensifier; 






Practice, or American Board of 




(iv) 


endoscopes; 






Internal Medicine; 




£yi 


craniotomy instruments; and 




(ii) 


are designated members of the trauma 
team; and 




(vi) 


capability of fixation of long-bone 
and pelvic fractures: 




(iii) 


practice emergency medicine as their (16) 


a postanesthetic recovery room or surgical 






primary specialty; 


intensive care unit which has at a minimum: 


iQ 


nursing personnel with experience in trauma 


(A) 


24-hour-per-dav in house staffing by 




care 


who continually monitor the trauma 




registered nurses and other essential 




patient from hospital arrival to disposition 




personnel: 




to an mtensive care umt. operating room, or 


mi 


equipment for patients of all ages to 




patient care unit; 




include: 


ffi] 


resuscitation equipment for patients of all 




m 


capability for continuous monitoring 




ages 


to include: 






of temperature, hemodynamics, and 




m 


airway control and ventilation 






gas exchange: 






equipment (laryngoscopes. 




(ii) 


capability for continuous monitoring 






endotracheal tubes. bag-mask 






of intracranial pressure: 






resuscitators. pocket masks, and 




(iii) 


pulse oximetry; 






oxygen): 




(iv) 


end tidal carbon dioxide 




(ii) 


pulse oximetrv; 






determination capability; 




(iii) 


end-tidal carbon dioxide 
determination equipment: 




(V) 


thermal control equipment for 
patients: and 




(iv) 


suction devices; 




(vi) 


thermal control equipment for blood 




(V} 


electrocardiograph-oscilloscope- 






and fluids; 






defibrillator: (17) 


an intensive care unit for trauma patients which has 




(vi) 


apparatus to establish central venous 


at a minimum; 






pressure monitoring: 


(A) 


a designated surgical director of trauma 




(vii) 


intravenous fluids and administration 




patients; 


i7;29 




NORTH CAROLINA REGISTER 


June 2, 


1997 2196 



PROPOSED RULES 



(18) 
tl9) 

(20) 

(21) 
(22) 



(23) 



(B) a physician on duty in the intensive care 
unit 24-hours-per-dav or immediately 
available from within the hospital as lon g as 
this physician is not the sole physician on 
cali for the emergency department: 

(C) maximum ratio of one nurse per two 
patients on each shift: 

(D) equipment for patients of all ages to 
include: 

(jj airway control and ventilation 

equipment (laryngoscopes. 

endotracheal tubes. bag-mask 

resuscitators and pocket masks): 
(ii) oxygen source with concentration 

controls: 
(iii) cardiac emergency cart: 
(iv) temporary transvenous pacemaker: 
(v) e lee trocardio graph -oscilloscope- 

defibrillator: 
(vi) cardiac output monitoring capability: 
(vii) electronic pressure monitoring 

capability: 
(viii) mechanical ventilator: 
(ix) patient weighing devices: 
(x) pulmonary function measuring 

devices: 
(xi) temperature control devices: and 
(xii) intracranial pressure monitoring 

devices: 

(E) within 30 minutes of request, be able to 
perform blood gas measurements, 
hematocrit level, and chest X-ray studies: 

acute hemodialysis capability or utilization of a 

written transfer agreement: 

physician-directed bum center staffed by nursing 

personnel trained in bum care or a written transfer 

agreement with a bum center: 

acute spinal cord management capability or written 

transfer agreement with a designated spinal cord 

injury rehabilitation center when one exists within 

the region: 

acute head injury management capability or written 

transfer agreement with a designated head injury 

center when one exists within the region: 

radiological capabilities which has at a minimum: 

(A) 24-hour-per-day in-house radiology 
technician: 

(B) 24-hour-per-day in-house computerized 
tomography technician: 

(C) sonography: 

(D) computed tomography: and 

(E) angiography: 

a rehabilitation service which provides at a 
minimum: 

(A) a professional staff trained in rehabilitation 
care of critically injured patients: 

(B) for major trauma patients, functional 
assessment and recommendations regarding 



(24) 



short and long term rehabilitation needs 
within one week of the patient's admission 
to the hospital or as soon as 
hemodynamically stable: 

(C) full in-house rehabilitation service or a 
written transfer agreement with a 
rehabilitation facility accredited by the 
Commission on Accreditation of 
Rehabilitation Facilities: and 

(D) substance abuse evaluation and counseling 
capability: 

24-hour-per-day clinical laboratory service which 
must include at a minimum: 



(A) 
£Ci 



ID 



standard analysis of blood, urine, and other 

body fluids: 

blood typing and cross-matching: 

coagulation studies: 

comprehensive blood bank or access to a 

community central blood bank with storage 

facilities: 

blood gases and pH determination: 

microbiology: and 

drug and alcohol screening capability: 



(25) a quality improvement program to include: 

(A) a state approved trauma registry: 

(B) morbidity and mortality reviews: 

(C) multidisciplinary trauma conference, at least 
quarterly, to include physicians, nurses, 
pre-hospital personnel, and a variety of 
other care givers which critiques individual 
cases and discusses educational issues 
related to trauma: 

(D) utilization review: 

(E) documentation and review of times and 
reasons for trauma related diversion of 
patients: and 

(F) documentation and review of response times 
for trauma surgeons, neurosurgeons, 
anesthesiologists, and orthopedists: 

(26) an outreach program to include: 

(A) written transfer agreements to address the 
transfer and receipt of trauma patients: 

(B) programs for physicians within the 
community and within the referral area (to 
include telephone and on-site consultations) 
about how to access the trauma center 
resources and refer patients within the 
system: 

(C) development of a Regional Advisory 
Committee (RAO as specified in Rule 
.2302 of this Subchapter: 

(D) development of regional criteria for 
coordination of trauma care: 

(E) assessment of impact on trauma morbidity 
and mortality and on patient outcome: and 

(F) assessment of trauma system operations at 
the regional level: 

(27) a program of trauma prevention and public 



2197 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



PROPOSED RULES 



education to include: 

(A) designation of a trauma prevention 
coordinator, which may be part of the 
trauma nurse coordinator effort; and 

(B) outreach activities, program development, 
information resources and collaboration 
with existing national, regional, and state 
trauma programs: 

(28) a documented continuing education program for 
staff physicians, nurses, allied health personnel, 
and communitv physicians to include: 

(A) an annual education pro gram on the 
rehabilitation of major trauma patients for 
physicians, nurses and ancillary staff that 
deal in the early phase of care of these 
patients, including the efficacy of early 
rehabilitation interventions, long term 
sequelae of neurologic trauma, and long 
term functional prognosis of major trauma 
patients: 

(B) assurance of: 

Oi 20 hours of category I trauma related 
continuing medical education every 
two years for all attending general 
surgeons on the trauma service: 
(ii) 20 hours of category I trauma related 
continuing medical education every 
two years for all emergency 
physicians: 

(iii) 20 hours of category I trauma related 
continuing medical education 
(bevond in house in services) every 
two years for the trauma nurse 
coordinator: 

(iv) eight hours per year trauma registry 
related or trauma related continuing 
education, as deemed appropriate by 
the trauma nurse coordinator, for the 
trauma registrar: 
(v) at least an 80% compliance rate for 
16 hours of trauma related continuing 
education (as approved by the trauma 
nurse coordinator) every two years 
related to trauma care for RN's and 
LPN's in transport programs, 
emergency departments, primary 
intensive care units, primary trauma 
floors, and other areas deemed 
appropriate by the trauma nurse 
coordinator: and 

(vi) eight contact hours of trauma related 
continuing education each year for 
physician assistants and mid-level 
practitioners routinely caring for 
trauma patients: and 

(29) an organ procurement program which includes 
medical and legal criteria for donation, role of 



organ procurement organizations and role of 

trauma care professionals. 
(b) Initial designation as a Level II Trauma Center is valid 
for a period of three years. Hospitals may be issued a 
renewal designation for four years by demonstrating 
continued compliance with all criteria specified in Paragraph 
(a) of this Rule. 

Authority G.S. 131E-162. 

.2103 LEVEL ID TRAUMA CENTER 
CRITERIA 

(a) To receive designation as a Level III Trauma Center. 
a hospital shall have the following: 

(1) a trauma service which has been operational for at 
least six months prior to application: 

(2) membership in and inclusion of all trauma patient 
records in the North Carolina Trauma Registry for 
at least six months prior to application: 

(3) a trauma medical director who is a board certified 
surgeon with demonstrated special competence in 
trauma care: 

(4) a designated trauma nurse coordinator (TNC) who 
js a registered nurse, licensed by the North 
Carolina Board of Nursing: 

(5) a trauma re gistrar (TR) who has a working 
knowledge of medical terminology, is able to 
operate a personal computer, and has demonstrated 
the ability to extract data from the medical record: 

(6) clinical services in General Surgery. Emergency 
Medicine, and Anesthesiology: 

(7) response of a trauma team to provide evaluation 
and treatment of a trauma patient 24-hours-per-day 
that includes: 

(A) a trauma attending who responds within 30 
minutes of notification and participates in 
therapeutic decisions and is present at all 
operative procedures: 

(B) an emergency physician who is present in 
the emergency department 24-hours-per-day 
who is either board certified or prepared in 
emergency medicine (by the American 
Board of Emergency Medicine or the 
American Osteopathic Board of Emergency 
Medicine) or board certified or eligible by 
the American Board of Surgery. American 
Board of Family Practice, or American 
Board of Internal Medicine and practices 
emergency medicine as his primary 
specialty. This physician serves as a 
designated member of the trauma team until 
the arrival of the trauma surgeon: 

(C) an anesthesiologist who is on-call and 
available within 20 minutes of notification 
or an in-house CRNA under physician 
supervision pending the arrival of the 
anesthesiologist within 20 minutes of 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2198 



PROPOSED RULES 



im 



notification: 

(8) a written credentialin g process established by the 
department of surgery to approve attending general 
surgeons covering the trauma service. These 
surgeons must have a minimum of board 
certification in general surgery within five years of 
completing residency; 

(9) two separate call schedules. One shall be for 
trauma, one for general surgery. In those 
instances where a physician may simultaneously be 
listed on both schedules, there must be a defined 
back-up surgeon listed on the trauma schedule. If 
a surgeon is simultaneouslv on call at more than 
one hospital, there must be a defined back-up 
listed on the trauma schedule: 

(10) standard written protocols relating to trauma care 
management must be formulated and routinely 
updated: 

(11) criteria to ensure team activation within 20 minutes 
prior to patient arrival (in instances where the 
hospital has at least 20 minutes notification), 
trauma service admission, and evaluation of 
patients w/multiple system or major injury based 
upon the earliest recognition of the following 
physiologic criteria: 

(A) shock: 

respiratory distress: 

airway compromise: 

spinal cord injury: 

unresponsiveness (Glasgow Coma Scale < 

8) w/potential for multiple injuries: 

trauma score < 12 (when in field): 
prompt sur gical consults that shall be initiated 
based upon the following criteria: 
(A) falls greater than 20 feet: 

pedestrian struck by motor vehicle: 

motor vehicle crash with: 
(il ejection (includes motorcycle): 

(ii) rollover: 

(iii) speed greater than 40 miles per hour: 

21 
(iv) death at the scene: 

(D) proximal amputations: 

(E) bum plus trauma: 

(F) vascular compromise: 

(G) crush to chest or pelvis: 

(H) two or more proximal long bone fractures: 

and 
(I) gunshot wound to torso, neck, or proximal 
extremities: 

(13) internal medicine and subspecialties within 30 
minutes of notification: 

(14) an emergency department which has at a minimum: 
(A) a designated physician director who, if hired 

after January 1^ 1992. is board certified or 
board prepared in emergency medicine (by 
the American Board of Emergency Medicine 
or the American Osteopathic Board of 



mi 






05} 



Emergency Medicine): 

(B) 24-hour-per-day staffing by physicians by 
physicians physically present in the 
Emergency Department who: 

£ii are either board certified or prepared 
in emergency medicine (by the 
American Board of Emergency 
Medicine or ^ American 
Osteopathic Board of Emergency 
Medicine) or board certified or 
eligible bx the American Board of 
Surgery. American Board of Family 
Practice, or American Board of 
Internal Medicine: 
(ii) are designated members of the trauma 

team: and 
(iii) practice emergency medicine as their 
primary specialty: 

(C) nursing personnel with experience in trauma 
care who continually monitor the trauma 
patient from hospital arrival to disposition 
to an intensive care unit, operating room, or 
patient care unit: 

(D) resuscitation equipment for patients of all 
ages to include: 

iH airway control and ventilation 
equipment (laryngoscopes. 

endotracheal tubes. ba g-mask 
resuscitators. pocket masks, and 
oxy gen): 
pulse oximetry: 
suction devices: 

electrocardiograph-oscilloscope- 
defibrillator: 

a pparatus to establish central venous 
pressure monitoring: 
intravenous fluids and administration 
devices to include lar ge bore 
catheters: 

sterile surgical sets for airway 
control/cricothyrotomy. 
thoracotomy, vascular access, and 
chest decompression: 
apparatus for gastric decompression: 
24-hour-per-day X-ray capability: 
two-way communication equipment 
for communication with the 
emergency transport system: 
skeletal traction devices, including 
capability for cervical traction: 
thermal control equipment for 
patients: and 

thermal control equipment for blood 
and fluids: 
an operating suite which has at a minimum: 

(A) thermal control equipment for patients: 

(B) thermal control equipment for blood and 
fluids: 



mi 

(iii) 
(iv) 

(vl 

(vi) 



(vii) 



(viii) 
(ix) 
ixi 



(XI) 



(xii) 



Ixiii} 



2199 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



PROPOSED RULES 



(16) a postanesthetic recovery room or surgical 
intensive care unit which has at a minimum: 

(A) 24-hour-per-dav availability of registered 
nurses within 30 minutes from inside or 
outside the hospital: 

(B) equipment for patients of all a ges to 
include: 

£11 capability for continuous monitoring 

of temperature, hemodynamics, and 

gas exchange: 
(ii) pulse oximetry: 
(iii) thermal control equipment for 

patients: and 
(iv) thermal control equipment for blood 

and fluids: 

(17) an intensive care unit for trauma patients which has 
at a minimum: 

(A) a designated surgical director of trauma 
patients: 

(B) a physician on duty in the intensive care 
unit 24-hours-per-day or immediately 
available from within the hospital (which 
may be a physician who is the sole 
physician on call foi the Emergency 
Department): 

(C) equipment for patients of all ages to 
include: 

£i} airway control and ventilation 

equipment (laryngoscopes. 

endotracheal tubes. ba g-mask 

resuscitators and pocket masks): 

(ii) oxygen source with concentration 

controls: 
(iii) cardiac emergency cart: 
(iv) temporary transvenous pacemaker: 
(v) elect roc ardiograph-oscilloscope- 

defibrillator: 
(vi) cardiac output monitoring capability: 
(vii) electronic pressure monitoring 

capability: 
(viii) mechanical ventilator: 
(ix) patient weighing devices: 
(x) pulmonary function measuring 

devices: and 
(xi) temperature control devices: 

(D) within 30 minutes of request, be able to 
perform blood gas measurements, 
hematocrit level, and chest X-ray studies: 

(18) physician-directed bum center staffed by nursing 
personnel trained in bum care or a written transfer 
agreement with a bum center: 

(19) acute spinal cord management capability or written 
transfer agreement with a designated spinal cord 
injury rehabilitation center when one exists within 
the region: 

(20) acute head injury management capability or written 
transfer agreement with a designated head injury 



(21) 



(23) 



m 



(22) full in 



m 



(24) 



(25) 



(26) 



center when one exists within the region: 

radiological capabilities which have at a minimum: 

(A) radiology technician available within 30 

minutes of notification or documentation 

that procedures are available within 30 

minutes: 

if the capability of computed tomography 
exists in the hospital, the computed 
tomography technician must be available 
within 30 minutes of notification: 
full in house rehabilitation service or a written 
transfer agreement with a rehabilitation facility 
accredited by the Commission on Accreditation of 
Rehabilitation Facilities: 

24-hour-per-day clinical laboratory service which 
must include at a minimum: 
(A) standard analysis of blood, urine, and other 
body fluids: 

blood typing and cross-matching: 
coagulation studies: 

comprehensive blood bank or access to a 
commimitv central blood bank with storage 
facilities: 

blood gases and pH determination: and 
microbiology: 
a quality improvement program to include: 
(A) a state approved trauma registry: 
morbidity and mortality reviews: 
multidisciplinary trauma conference, at least 
quarterly, to include physicians, nurses, 
pre-hospital personnel, and a variety of 
other care givers which critiques individual 
cases and discusses educational issues 
related to trauma: 
utilization review: 

documentation and review of times and 
reasons for trauma related diversion of 
patients: and 

documentation and review of response times 
for trauma surgeons and anesthesiologists: 
an outreach p ro gram to include: 
(A) written transfer agreements to address the 
transfer and receipt of trauma patients: 
programs for physicians within the 
community and within the referral area (to 
include telephone and on-site consultations) 
about how to access the trauma center 
resources and refer patients within the 
system: and 

participation in a Regional Advisory 

Committee (RAO: 

a documented continuing education program for 

staff physicians, nurses, allied health persoimel. 

and community physicians to assure: 

(A) 20 hours of category I trauma related 

continuing medical education every two 

years for all attending general surgeons on 












(El 



im 



iCl 



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June 2, 1997 



2200 



PROPOSED RULES 



the trauma service: 

(B) 20 hours of category I trauma related 
continuing medical education every two 
years for all emergency physicians: 

(C) 20 hours of category I trauma related 
continuing medical education (beyond in 
house in services) every two years for the 
trauma nurse coordinator: 

(D) eight hours per year trauma registry related 
or trauma related continuing education, as 
deemed appropriate by the trauma nurse 
coordinator, for the trauma registrar: 

(E) at least an 80% compliance rate for 16 
hours of trauma related continuing 
education (as approved by the trauma nurse 
coordinator) every two years related to 
trauma care for RN's and LPN's in 
transport programs. emergency 
departments, primary intensive care units, 
primary trauma floors, and other areas 
deemed appropriate by the trauma nurse 
coordinator: and 

(F) eight contact hours of trauma related 
continuing education each year for physician 
assistants and mid-level practitioners 
routinely caring for trauma patients: 

(27) an organ procurement pro gram which includes 
medical and legal criteria for donation, role of 
organ procurement organizations and role of 
trauma care professionals: and 

(28) a written plan specifying its role in the re gional 
trauma network. 

(b) Initial designation as a Level III Trauma Center is 
valid for a period of three years. Hospitals may be issued a 
renewal designation for four years by demonstrating 
continued compliance with all criteria specified in Paragraph 
(a) of this Rule. 



need for the trauma center that includes, at a 
minimum 

(A) the population to be served and the extent to 
which the population is under served for 
trauma care with the methodology used to 
reach this conclusion: 

(B) geographic considerations to include 
catchment area and distance from other 
trauma centers: and 

(C) trauma patient volume and severity of injury 
for the facility for the twenty-four month 
period of time preceding the application. 
(The trauma center shall show that its 
trauma service will be taking care of at least 
two hundred trauma patients with an Injury 
Severity Score (ISS) greater than or equal to 
13 during the first two year period of its 
designation. This criteria shall be met 
without jeopardizing the volume at any 
other designated Level I or II trauma center 
sharing all or part of its catchment area so 
as to jeopardize existing trauma center's 
ability to meet this same 200 patient 
minimum. 

(b) Hospitals seeking a renewal of trauma center 
designation shall complete and submit an original and five 
copies of a bound SEP to the Office of Emergency Medical 
Services at least 30 days prior to the site survey. 

(cj For initial trauma center designation, the hospital shall 
request a consultant visit by the Office of Emergency 
Medical Services and have a visit within one year prior to 
submission of the RFP. 

(d) The RFP shall demonstrate that the hospital meets the 
standards for the designation level applied for as found in 
Rule .2101. .2102. or .2103 of this Section. 

Authority G.S. 131E-162. 



Authority G.S. 131 E- 162. 



.2104 



SUBMISSION OF REQUEST FOR 
PROPOSAL (RFP) 

(a) Hospitals desiring to be considered for initial trauma 
center designation shall complete and submit an original and 
five copies of a bound RFP to the Office of Emergency 
Medical Services at least 30 days prior to the State 
Emergency Medical Services Advisory Council meeting at 
which the application is to be considered. A schedule of 
meetings for the State Emergency Medical Services Advisory 
Council may be obtained from the Office of Emergency 
Medical Services at PO Box 29530. Raleigh. North Carolina 
27626-0530. The RFP shall include, at a minimum, the 
following: 

(1) information which supports compliance with the 
criteria contained in "North Carolina's Trauma 
Center Criteria", dated November J^ 1996 which 
is incorporated by reference: 

(2) a justification b^ Level I or H applicants of the 



.2 1 05 INITIAL DESIGNATION PROCESS 

(a) A hospital interested in pursuing trauma center 
designation shall submit a letter of intent to the Office of 
Emergency Medical Services and request approval to submit 
an RFP based upon a review of the regional data. The Office 
of Emergency Medical Services shall procure the regional 
data to ascertain the hospital's ability to satisfy the 
justification of need information on trauma patient volume 
and severity of injury required in Rule .2104(a)(2)(A-C) of 
this Section. The Office of Emergency Medical Services 
shall notify the hospital in writing of its decision. The RAC 
shall also be notified of the approval so necessary changes in 
protocols can be considered. 

(b) The Office of Emergency Medical Services shall 
review the RFP and provide comments to the State 
Emergency Medical Services Advisory Council. 

(c) The State Emergency Medical Services Advisory 
Council shall make a recommendation to the Office of 
Emergency Medical Services to proceed with a site visit or 
identify documentation necessary prior to a site visit. 



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11:29 



PROPOSED RULES 



(d) If the State Emergency Medical Services Advisory 
Council does not recommend a site visit, and the Office of 
Emergency Medical Services concurs, the reasons shall be 
forwarded to the hospital in writing within thirty days of the 
decision. The Office of Emergency Medical Services shall 
specify a period of time, which shall be no longer than one 
year, during which the hospital shall address the concerns in 
writing and request reconsideration. If the hospital fails to 
respond within the required time period, it shall reapply for 
designation by following the process outlined in Rule .2104 
of this Section. 

(e) If the State Emergency Medical Services Advisory 
Council recommends the hospital for a site visit, and the 
Office of Emergency Medical Services concurs, the hospital 
shall be notified within thirty days and the site visit shall be 
conducted within six months of the recommendation. The 
site visit shall be scheduled on a date mutually agreeable to 
the hospital and the Office of Emergency Medical Services. 

£f) A hospital shall assume financial responsibility for the 
initial site visit and any required follow-up site visits 
pertaining to the initial designation. These charges, which 
shall follow guidelines for reimbursement of expenses for 
state employees, shall include expenses for transportation, 
meals, lodging and a personal services fee for each site 
surveyor. 

(g) The composition of a Level I or II site survey team 
shall be as follows: 

(1) one out-of-state Fellow of the American College of 
Surgeons: 

(2) one in-state emergency physician, who is a 
member of the North Carolina College of 
Emergency Physicians: 

(3) one in-state trauma sur geon who is a member of 
the North Carolina Committee on Trauma: 

(4) one out-of-state trauma nurse coordinator: 

(5) the medical advisor of the Office of Emergency 
Medical Services: and 

(6) the Hospital Programs Specialist of the Office of 
Emergency Medical Services. 

One physician, usually the one from out-of-state, shall be 
designated the primary reviewer. Any in-state reviewer 
(except the Office of Emergency Medical Services 
representatives) shall be from outside the planning region in 
which the hospital is located. 

(h) The composition of a Level III site survey team shall 
be as follows: 

(1) one Fellow of the American College of Surgeons. 

who is a member of the North Carolina Committee 

on Trauma: 

one emergency physician who is a member of the 

North Carolina College of Emergency Physicians: 

a trauma nurse coordinator: 

the medical advisor of the Office of Emergency 

Medical Services: and 

the Hospital Programs Specialist of the Office of 

Emergency Medical Services. 
AU site team members for a Level III visit shall be from in- 



£3} 
£5} 



state, and all (except for the Office of Emergency Medical 
Services representatives) shall be from outside the planning 
region in which the hospital is located. One of the physicians 
shall be designated the primary reviewer. 

(i) On the day of tlie site visit, the hospital shall make 
available all required patient medical charts. 

(i) When a hospital is approved for a site visit, the Office 
of Emergency Medical Services shall notify the Regional 
Emergency Medical Services Councils within the primary 
catchment area of the proposed trauma center to allow for 
comment on the request for designation. 

£kl All criteria defined in Rule .2101. 2102 or .2103 of 
this Subchapter shall be met for initial designation at the level 
requested. No deficiencies shall be permitted. 

£11 The reports of the site survey team and the staff 
recommendation shall be reviewed by the State Emergency 
Medical Services Advisory Council at its next regularly 
scheduled meeting which is more than 45 days following the 
site visit. Based upon the RFP. the site visit report, and the 
staff recommendation, the State Emergency Medical Services 
Advisory Council shall recommend to the Secretary of the 
Department that the request for trauma center designation be 
approved or denied. 

(m) The hospital shall be notified, in writing, of the State 
Emergency Medical Services Advisory Council's and OEMS' 
final recommendation within 30 days of the Advisory 
Council meeting. 

(n) The fmal decision regarding trauma center designation 
shall be rendered by the Secretary of the Department. 
Contingencies on the designation, as well as required due 
dates and documentation, shall be specified at the time 
written notification is provided of the designation. 
Satisfaction of contingencies may require an additional site 
visit. 

Authority G.S. 131E-162; 143-509(3). 

.2106 RENEWAL DESIGNATION PROCESS 

(a) Prior to the end of the designation period, the Office 
of Emergency Medical Services shall forward to the hospital 
an RFP for completion. Simultaneously, the Office of 
Emergency Medical Services shall notify the Regional 
Emergency Medical Services Councils within the primary 
catchment area of the trauma center to allow for comment on 
the request for renewal . 

(b) The RFP shall be submitted at least 30 days prior to 
the site visit in accordance with Rule .2104(b) of this 
Subchapter. 

(c) A site visit shall be conducted within 120 days prior to 
the end of tlie designation period. The site visit shall be 
scheduled on a date mutually agreeable to the hospital and the 
Office of Emergency Medical Services. 

(d) A hospital shall assume financial responsibility for the 
renewal site visit and any required follow-up visits pertaining 
to the renewal designation. These charges, which shall 
follow guidelines for reimbursement of expenses for state 
employees, shall include those related to the transportation. 



11:29 



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June 2, 1997 



2202 



PROPOSED RULES 



meals, lodging and personal services fee for each site 
surveyor. 

(e) The composition of a Level I or II site survey team 
shall be the same as that specified in Rule .2105(g> of this 
Subchapter. One physician, usually the one from out-of- 
state, shall be designated the primary reviewer. Any in-state 
reviewer (except the Office of Emergency Medical Services 
representatives ) shall be from outside the planning region in 
which the hospital is located. 

UQ The composition of a Level III site survey team shall 
be the same as that specified in Rule .2105(h) of this 
Subchapter. .'Ml site team members for a Level III visit shall 
be fi-om m-state. and all (except for the Office of Emergency 
Medical Services representatives) shall be from outside the 
planning region in which the hospital is located. One of the 
physicians shall be designated the primary reviewer. 

(g) On the day of the sue visit, the hospital shall make 
available all required patient medical charts. 

(h) The written reports of the site survey team and the 
staff recommendation shall be reviewed by the State 
Emergency Medical Services Advisory Council at its next 
regularly scheduled meeting which is more than 45 days 
following the site visit. Based upon the RFP. the site visit 
report, and the staff recommendation, the State Emergency 
Medical Services Advisory Council shall recommend to the 
Secretary of the Department that the request for trauma center 
renewal be approved or denied. 

ti} The hospital shall be notified in writing of the State 
Emergency Medical Services Advisory Council's and OEMS' 
final recommendation within 30 days of the Advisory 
Council meeting. 

(j) The final decision regarding trauma center renewal 
shall be rendered by the Secretary of the Department. 
Contingencies on the renewal, as well as required due dates 
and documentation, shall be specified at tlie time written 
notification is provided of the renewal . Satisfaction of 
contingencies may require an additional site visit. 

Authority G.S. 131E-162: 143-509(3). 

SECTION .2200 - ENFORCEME>rr 

.2201 DEMAL, PROBATION, VOLUNTARY 
WITHDRAWAL OR REVOCATION OF 
TRAUMA CENTER DESIGNATION 

(a) The Department may deny the designation of a trauma 
center for any of the following reasons: 

(1) failure to substantially comply with the 

requirements of Section .2100 of this Subchapter: 
£2} attempting to obtain a trauma center designation 

through fraud or misrepresentation: or 
(3) a significant number or magnitude of deficiencies 

and/or weaknesses to suggest that patient care may 

be compromised. 

(b) The Depanment may amend any trauma center 
designation from a full designation to a probationary 
designation whenever the Depanment finds that: 

(1) the trauma center has substantially failed to comply 



with the provisions of G.S. 13 IE- 162 and the rules 
adopted under thai article: or 

(2) dtere is no reasonable probability the trauma center 
can remedy the deficiencies and/or weaknesses 
within a reasonable length of time: or 

(3) the trauma center fails to meet contingencies 
placed upon it at the time of its initial designation 
or renewal: or 

(4) there is no reasonable probability the trauma center 
shall be able to remain in compliance with the 
designation rules for the foreseeable future. 

(c) The Department shall give the trauma center written 
notice of the amendment to the designation. This notice shall 
be given personally or by certified mail and shall set forth: 



the LQ 



the length of the probationary designation (not to 
exceed one year): 

(2) the factual allegations: 

(3) the statutes or rules alleged to be violated: and 

(4) notice of tlie hospital's right to a contested case 
hearing on the amendment of the designation. 

(d) The probationary designation shall be effective 
immediately upon its receipt by the trauma center and shall 
be posted in a prominent location at the primary business 
location of the trauma center, accessible to public view, in 
lieu of the full designation. The probationary designation 
shall remain in effect until: 

(1) the Department restores the trauma center to full 
designation status: or 

(2) the Department revokes the designation. 

(e) The Department may revoke a trauma center 
designation whenever the Department finds that the trauma 
center has substantially failed to comply with the provisions 
of G.S. 131E-162 and the rules adopted under that article 
and: 

(1) it is not reasonably probable that the trauma center 
can remedy the deficiencies within a reasonable 
length of time: or 

although the trauma center may be able to remedy 
the deficiencies within a reasonable period of time. 
it is not reasonably probable that the trauma center 
shall be able to remain in compliance with 
designation rules for the foreseeable future: or 
the trauma center fails to meet contingencies 
placed upon it at the time of its initial designation 
or renewal: or 

failure to comply endangers the health, safety or 
welfare of the patients cared for in the trauma 
center. 
The Department may revoke a trauma center 

designation whenever it finds that the trauma center fails to 

resolve issues that resulted in a voluntary withdrawal of the 

designation, 
(g) The issuance of a probationary designation is not a 

procedural prerequisite to tlie revocation of a designation 

pursuant to Paragraph (e) of this Rule, 
(h) With the Department's approval, a trauma center may 

voluntarily withdraw its designation for a maximum of one 

year by submitting a written request. This request shall 



Oi 



{21 



(4} 



m 



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June 2, 1997 



11:29 



PROPOSED RULES 



include the reasons for withdrawal and a plan for resolution 
i of the issues. To reactivate the designation, the facility shall 

provide written documentation of compliance that is 
k acceptable to the Department. Voluntary withdrawal shall 
f not affect the original expiration date of the trauma center's 

designation. 
£i} In the event of a revocation or voluntary withdrawal. 

the Department shall provide written notification to all 

hospitals and Emergency Medical Services providers within 

the regional trauma network. The Department shall provide 
'" written notification to same iL and when, the voluntary 

withdrawal reverts to full designation. 

Authority G.S. 131 E- 162. 

i .2202 PROCEDURES FOR APPEAL OF DENIAL, 
PROBATION, OR REVOCATION 

Appeal of denial, probation, or revocation of a trauma 
center designation shall follow the law regarding contested 
cases found in G.S. 150B. 

Authority G.S. 131E-162. 

.2203 MISREPRESENTATION OF 
DESIGNATION 

(a) Hospitals shall not represent themselves as a trauma 
center unless they are currently designated by the Department 
pursuant to Section .2000 of this Subchapter. 

(b) Designation applies only to the hospital that submitted 
I the RFP and underwent the formal site survey and does not 

extend to its satellite facilities or affiliates. 

Authority G.S. 131E-162. 

SECTION .2300 - TRAUMA SYSTEM DESIGN 

.2301 STATE TRAUMA SYSTEM PLAN 

(a) The state trauma system plan consists of regional 
trauma system plans and policies, coordinated and monitored 
by the Office of Emergency Medical Services. 

(b) The Office of Emergency Medical Services shall 
require that each hospital choose a Regional Advisory 
Committee (RAO within six months of the effective date of 
this rule. Each RAG shall include at least one Level I or II 
trauma center. Any hospital changing its affiliation shall 
report the change in writing to the Office of Emergency 
Medical Services within 30 days of the date of the change. 

(c) The Office of Emergency Medical Services shall notify 
each RAG of its hospital membership. 

(d) The RAG shall submit a report semi-annually to the 
Office of Emergency Medical Services that assesses 
compliance with the regional trauma system plan and 
specifies any updates to the plan. 

i Authority G.S. 131E-162. 

.2302 REGIONAL TRAUMA SYSTEM PLAN 



(a) A Level I or H trauma center shall facilitate 
development of and provide staff support for the RAG which 
shall include, at a minimum, the following: 

(1) the trauma medical director from the Trauma 
Center: 

(2) a trauma nurse coordinator: 
(3> an emergency physician: 

(4) an Emergency Medical Services provider 
representative: 

(5) a representative from each hospital participating in 
the RAG: 

(6) community representatives: and 

(7) an advanced life support medical director. 

(b) The RAG shall submit a plan, within one year of 
notification of the RAG membership, to the Office of 
Emergency Medical Services containing at a minimum: 

£JQ organizational structure to include the roles of the 

members of the system: 
£2} goals and objectives to include the orientation of 

providers to the regional system: 

(3) RAG membership list, rules of order, terms of 
office, meeting schedule (held at a minimum of 
two times per year): 

(4) copies of documents and information required by 
the Office of Emergency Medical Services as 
defined in Rule .2303 of this Section: 

(5") system evaluation tools to be utilized: and 
(6) written documentation of regional support for the 
plan. 

(c) The Office of Emergency Medical Services shall 
provide written approval or denial of submissions from the 
RAG based on compliance with the state trauma system. 

(d) If submissions are incomplete or denied, 
recommendations and necessary consultations shall be 
provided by the Office of Emergency Medical Services. 

(e) Resubmissions shall be due within three months of 
notification by the Office of Emergency Medical Services. 

(f) Upon notification of the approval of a hospital to 
submit an RFP for initial trauma center designation by the 
Office of Emergency Medical Services pursuant to Rule 
.2105(a) of this Subchapter, the RAG shall adjust protocols 
as needed to facilitate the additional trauma center. The RAG 
shall then, after a review of at least six months of the 
hospital's trauma data, provide a written recommendation to 
the Office of Emergency Medical Services as to the 
a ppropriateness of the hospital's application for trauma center 
designation. 

Authority G.S. 131E-162. 

.2303 REGIONAL TRAUMA SYSTEM 
POLICY DEVELOPMENT 

The RAG shall oversee the development of the regional 
trauma system to include: 

(1) public information and education programs to 
include system access and injury prevention: 

(2) written trauma system protocols to address the 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2204 



PROPOSED RULES 



ill 



following: 

(A) dispatch; 

(B) triage and treatment at the scene and in the 
emergency department and shall include: 

li] Priority selection (for treatment and 
transport decisions) based upon 
anatomic and physiologic factors: 
and 

(ii) Guidelines to facilitate the rapid 
assessment and initial resuscitation of 
the severely injured patient including 
primary and secondary survey. 
Criteria addressing management 
during transport should include 
continued assessment and 

management of airway, cervical 
spine. breathing. circulation, 
neurologic and secondary parameters, 
communication and documentation. 
(O transport and treatment which shall address: 

(i) guidelines to determine the 
appropriate mode of transport and 
level of care required to transport, 
considering patient condition, 
requirement for trauma center 
resources, family requests and 
capability of transferring entity. 

(ii) criteria addressing management 
during transport. to include 
continued assessment and 

stabilization of airway, cervical 
spine. breathing. circulation, 
neurologic and secondary parameters, 
medication protocols, communication 
and documentation. 

(D) bypass procedures which define: 

(i) patient identification and selection 
based on anatomic, physiologic and 
mechanism of injury factors: 
(ii) circumstances and criteria for bypass 

decisions: 
(iii) time and distance criteria: and 
(iv) helicopter or ground unit use for 
transports which bypass closer 
facilities. 

(E) diversion procedures which shall include 
delineation of specific factors such as 
hospital census and/or acuity . physician 
availability, staffing issues, disaster status. 
or transportation which would require 
routing of a patient to another trauma 
center. A plan to assist referring hospitals 
in locating care for the diverted patient shall 
be outlined and a system to track diversions 
shall be maintained. 

transfer agreements (to include those with other 
hospitals, as well as specialty care facilities such as 
burn, pediatrics, spinal cord and rehabilitation) 



which shall outline mutual understandings between 
facilities to transfer/accept certain patients. These 
shall specify responsible parties, documentation 
requirements and minimum care requirements. 

Authority G.S. 131E-162. 

SECTION .2400 - FORMS 

.2401 SOURCE OF FORMS AND DOCUMENTS 

One copy of any form or document referenced in this 
Subchapter may be obtained free of charge from the North 
Carolina Office of Emergency Medical Services. Division of 
Facility Services. Department of Human Resources. Post 
Office Box 29530. Raleigh. North Carolina 27626-9530. 
telephone (919) 733-2285. 

Authority G.S. 131E-162. 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the DHR - Division of Medical 
Assistance intends to amend rule cited as JO NCAC 26H 
.0506. Notice of Rule-making Proceedings was published in 
the Register on January 2, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 1:30 p.m. on June 
18, 1997 at the Kirby Building - Room 132, 1985 Umstead 
Drive, Raleigh, NC. 

Reason for Proposed Action: The proposed rule establishes 
the Medicaid reimbursement methodology for personal care 
services in adult care homes, as allowed by state law (1995 
S.L. Chapter 507, Sec. 23.10). In addition, the proposed 
rule establishes cost settlement procedures for publicly owned 
adult care homes participating in the personal care services 
program. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by August 1, 1997 to 
Portia W. Rochelle, Rule-making Coordinator, Division of 
Medical Assistance, 1985 Umstead Drive, Raleigh, NC 
27603. Oral comments may be presented at the hearing. A 
fiscal note statement is available for review or nrny be 
obtained from the agency upon request. 

Fiscal Note: This Rule does affect the expenditures or 
re\'enues of state or local government fiends. This Rule does 
have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 



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11:29 



PROPOSED RULES 



SECTION .0500 - REIMBURSEMENT FOR 
SERVICES 

.0506 PERSONAL CARE SERVICES 

Rtiiiibmsciiicnt t o personal care se r vices pr ovide r s will be 
an hou r ly all inclusive fee as developed by t he Division o f 
Medical Assistance based on the cost o f t he se r vice. 

(a) Personal care services in recipient's home, prescribed 
in accordance with a plan of treatment and provided by a 
qualified person under supervision of a registered nurse. 
Payment is based on a negotiated hourly fee not to exceed 
reasonable cost. 

(b) The Division of Medical Assistance will enter into 
contracts with private and public non-medical inpatient 
institutions using 42 CFR 434-12 for the provision of 
personal care services for State/County Special Assistance 
clients residing in adult care homes. 

(1) Effective August i^ 1995 reimbursement is 
determined by the Division of Medical Assistance 
based on a capitation per diem fee derived from 
review of industry costs and determination of 
reasonable costs with annual inflation adjustments. 
The initial basic p er diem fee is based on one hour 
of services p er patient day. Additional payments 
may be made utilizing the basic one hour per diem 
fee as a factor, for Medicaid eligibles that have a 
demonstrated need for additional care. The initial 
basic one hour fee is computed by determining the 
estimated salary, fringes, direct supervision and 
allowable overhead. The fee(s) may be 
recalculated from a cost reporting period selected 
by the state. Payments may not exceed the limits 
set in 42 CFR 447.361. 

(2) Effective January 1. 1996 public providers will be 
paid on an interim basis using the above method. 
Payments are to be cost settled with any 
overpayment repaid to the Division of Medical 
Assistance. No additional payment will be made 
due to cost settlement. 

(c) These changes to the Payment for Services Prospective 
Reimbursement Plan for Personal Care Services will become 
effective when the Health Care Financing Administration. US 
Department of Health and Human Service, approves 
amendments submitted to HCFA by the Director of the 
Division of Medical Assistance as #MA 95-07 and ^MA 95- 
33 wherein the Director proposes amendments of the State 
Plans to amend payment for services z Prospective 
Reimbursement Plan for Personal Care Services. 



Authority G.S. 108A-25(b); 
131D-4.2; 1995 S.L., c. 
440.170(f). 



108A-54; 108A-55; 131D-4.1; 
507, s. 23.10: 42 C.F.R. 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Resources 
Commission intends to amend rules cited as 15A NCAC lOF 
.0308 and .0339. Notice of Rule-making Proceedings was 
published in the Register on February 3, 1997. 

Proposed Effective Date: July 1, 1998 

A Public Hearing will be conducted at 10:00 a.m. on June 
18, 1997 at the Archdale Building, Wildlife Conference 
Room, 512 N. Salisbury Street, Raleigh, NC 27604. 



Reason for Proposed Action: 

congested area. 



To regulate boat speed in 



TITLE 15A - ENVIRONMENT, HEALTH, 
AND NATURAL RESOURCES 



Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from June 2, 1997 through July 3, 1997. Such 
written comments must be delivered or mailed to NC Wildlife 
Resources Commission, 512 N. Salisbury Street, Raleigh, NC 
27604-1188. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER lOF - MOTORBOATS 
AND WATER SAFETY 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 

.0308 CLAY COUNTY 

(a) Regulated Area. This Rule applies to tha t p o rti o n the 
waters of Lake Chatuge which is l o cated within t he 
b o undaries o f Clay Coun t y, that He within 50 yards of the 
boat ramp at Ho-Hum Campground. 

(b) Restricted Swimming Areas. No person operating or 
responsible for the operation of a vessel shall permit it to 
enter any marked public swimming area established with the 
approval of the Executive Director, or his representative, on 
the regulated area. 

(c) Speed Limit. It is unlawful to operate any motorboat 
or vessel at a speed greater than no-wake speed within 50 
yards of the High Bridge, Gibson Cove access area, Chatuge 
Cove Complex II Marina, Lakeside Cottages and Marina, 
Chatuge Dam Spillway access area located on the regulated 
area. 

(d) Placement and Maintenance of Markers. The Board of 
Commissioners of Clay County is designated a suitable 
agency for placement and maintenance of the markers 
implementing this Rule, subject to the approval of the United 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2206 



PROPOSED RULES 



States Coast Guard and the United States Army Corps of 
Engineers. With regard to marking Lake Chatuge, 
supplementary standards as set forth in Rule .0301(g)(1) to 
(7) of this Section shall apply. 

Authority G.S. 75A-3: 75A-15. 

.0339 MCDOWELL COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters located on Lake James in McDowell County: 

( 1 ) that area adjacent to the shoreline of the McDowell 
Wildlife Club property; 

(2) that area adjacent to the shoreline of the Marion 
Moose Club property; 

(3) that area known as Morgan Cove; 

(4) that area within 50 yards of the shoreline at the 
New Manna Baptist Youth Camp; 

(5) that area within 50 yards of the shoreline at 
Burnett's Landing; 

(6) the cove area adjacent to the State Park swimming 
area; 

(7) the cove area adjacent to the State Park picnic area 
and dock; 

(8) that area within 50 yards of camping areas in the 
Lake James State Park as designated by the 
appropriate markers; 

(9) that area within 50 yards of the boat launching 



ramp at the Marion Lake Club; 

(10) that area within 50 yards in either direction from 
the marina docks in Plantation Point Cove; 

(11) that designated area of Goodman's Landing Cove 
within 50 yards of the swimming area and boat 
docks of Goodman's Campground. Campground: 

(12) that area beginning at the rock shoals located at 
Deerfield Campground downstream for a distance 
of approximately 200 yards as delineated by 
appropriate markers: 

(13) that area along the north shoreline of Lakeview 
Pointe as delineated by appropriate markers. 

(b) Speed Limit. No person shall operate any motorboat 
or vessel at greater than no-wake speed within any of the 
regulated areas described in Paragraph (a) of this Rule. 

(c) Restricted Swimming Areas. No person operating or 
responsible for the operation of any vessel, surfboard or 
waterskis shall permit the same to enter any marked 
swimming area located on the regulated area. 

(d) Placement and Maintenance of Markers. The Board of 
Commissioners of McDowell County is designated a suitable 
agency for placement and maintenance of the markers 
implementing this Rule. 

Authority' G.S. 75A-3; 75A-15. 



2207 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant 
to G.S. 150B-21.1 (e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

Rule-making Agency: Commission for Mental Health, Developmental Disabilities and Substance Abuse Services. Publication 
of this temporary rule shall serve as the Notice of Text pursuant to G.S. 150B-21.2(c). Notice of Rule-making Proceedings 
was published in the Register on July 15, 1996. 

Rule Citation: 10 NCAC 45H .0203 

Effective Date of Temporary Rule: May 13, 1997 

Findings Reviewed by Beecher R. Gray: Approved 

Authority for the rule-making: G.S. 90-88; 90-90; 143B-147 

Proposed Effective Date for Permanent Rule: July 1, 1998 

Instructions on How to Demand a Public Hearing: A demand for public hearing must be requested in writing within 15 days 
of this notice and addressed to Charlotte F. Hall, Division ofMH/DD/SAS, 325 N. Salisbury Street, Albemarle Bldg., Raleigh, 
NC 27603-5906. 

Reason for Proposed Action: To be consisteru with actions by the Drug Enforcement Administration in placing Remifentanil 
in Schedule 11 of the Controlled Substances Act. This action will allow Remifentanil, marketed under the trade name of 
ULTFVA, to be used as an intravenous analgesic agent for use during the induction and maintenance of general anesthesia and 
monitored anesthesia care. 

Comment Procedures: Written comments concerning this Rule should be submitted to Charlotte F. Hall, Division of Mental 
Health, Developmental Disabilities and Substance Abuse Services, 325 N. Salisbury Street, Albemarle Bldg., Suite 558, 
Raleigh, NC 27603-5906, FAX 919-733-8259. Comments period will remain through August 14, 1997. 

Fiscal Note: This Rule does not affect the expenditures or revenues of state or local government funds. This Rule does not 
have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. 

CHAPTER 45 - COMMISSION FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES 

AND SUBSTANCE ABUSE SERVICES 

SUBCHAPTER 45H - DRUG TREATMENT FACILITIES 

SECTION .0200 - SCHEDULES OF CONTROLLED SUBSTANCES 

.0203 SCHEDULE H 

(a) Schedule II shall consist of the drugs and other substances by whatever official name, common or usual name, chemical 
name or brand name and designated listed in this Rule. Each drug or substance has been assigned the Drug Enforcement 
Administration controlled substances code number set forth opposite it. 

(b) Substances, Vegetable Origin or Chemical Synthesis. Unless specifically excepted or unless listed in another schedule, 
any of the following substances whether produced directly or indirectly by extraction from the substances of vegetable origin 
or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis: 

(1) opium and opiate, and any salt, compound, derivative or preparation of opium or opiate, excluding apomorphine, 
thebaine -derived butorphanol, nalbuphine, dextrorphan, naloxone, naltrexone, and nalmefene and their respective 
salts but including the following: 

(A) Raw opium 9600 

(B) Opium extracts 9610 

(C) Opium fluid extracts 9620 



11:29 NORTH CAROLINA REGISTER June 2, 1997 2208 



TEMPORARY RULES 



(D) 


Powdered opium 


(E) 


Granulated opium 


(F) 


Tincture of opium 


(G) 


Codeine 


(H) 


Ethylmorphine 


(I) 


Hydrocodone 


(J) 


Hydromorphine 


(K) 


Metopon 


(L) 


Morphine 


(M) 


Oxycodone 


(N) 


Oxymorphone 


(0) 


Thebaine 


(P) 


Etorphine hydrochloride 



9639 
9640 
9630 
9050 
9190 
9193 
9150 
9260 
9300 
9143 
9652 
9333 
9059 

(2) any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with any of the 
substances referred to in Subparagraph (1) of this Paragraph (b), except that these substances shall not include 
isoquinoline alkaloids of opium; 

(3) opium poppy and poppy straw 9650 

(4) coca leaves (9040) and any salts, compound, derivative or preparation of coca leaves and any salt, compound, 
derivative or preparation thereof which is chemically equivalent or identical with any of these substances, except that 
the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not 
contain cocaine (9041) or ecgonine (9180); 

(5) concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains 
the phenanthrine alkaloids of the opium poppy) (9670). 

(c) Opiates. Unless specifically excepted or unless in another schedule any of the following opiates, including its isomers, 
esters, ethers, salts and salts of isomers, esters and ethers whenever the existence of such isomers, esters, ethers and salts is 
possible within the specific chemical designation, dextrorphan excepted: 

~(1) Alfentanil 9737 

(2) Alphaprodine 9010 

(3) Anileridine 9020 

(4) Benzitramide 9800 

(5) Carfentanil 9743 

(6) Dihydrocodeine 9120 

(7) Diphenoxylate 9170 

(8) Fentanyl 9801 

(9) Isomethadone 9226 

(10) Levomethorphan 9210 

(11) Levo-alphacetylmethadol [Some other names: levo-alpha-acetylmethadol, 9648 
levomethadyl acetate, LAAM] 

(12) Levorphanol 9220 

(13) Metazocine 9240 

(14) Methadone 9250 

(15) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyI butane 9254 

(16) Moramide-lntermediate,2-methyl-3-morpholino-l, 1-diphenylpropane-carboxylic acid 9802 

(17) Pethidine(meperidine) 9230 

(18) Pethidine-lntermediate-A,4-cyano- 1 -methyl-4-phenylpiperidine 9232 

(19) Pethidine-lntermediate-B, ethyl-4-phenylpiperidine-4-carboxylate 9233 

(20) Pethidine-lntermediate-C,l-methyl-4-phenylpiperidine-4-carboxylic acid 9234 

(21) Phenazocine 9715 

(22) Piminodine 9730 

(23) Racemethorphan 9732 

(24) Racemorphan 9733 

(25) Remifenianil 9739 

(26) (55)Sufentanil 9740 

(d) Stimulants. Unless specifically excepted or unless listed in another schedule any material, compound, mixture or 
preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: 

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers 1 100 

(2) Methamphetamine, its salts, isomers and salts of its isomers 1 105 

(3) Phenmetrazine and its salts 1631 

2209 NORTH CAROLINA REGISTER June 2, 1997 11:29 



TEMPORARY RULES 



\ 



(4) Methylphenidate 1724 

(5) Phenylacetone 

Some trade or other names: 

Phenyl-2-propanone; P2P; benzyl 

methyl Ketone; methyl benzyl Ketone; 8501 

(6) Phencyclidine 7471 

(A) 1 -Phenylcyclohexylamine 7460 

(B) 1-Piperidinocyclohexanecarbonitrile (PCC) 8603 

(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or 
preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, 
including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible 
within the specific chemical designation: 

(1) Amobarbital 2125 

(2) Glutethimide 2250 

(3) Pentobarbital 2270 

(4) Secobarbital 2315 

(f) Hallucinogenic Substances. 

(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in 

a U.S. Food and Drug Administration approved drug product 7369 

[Some other names for dronabinol: 

[(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo 
[b,d]pyran- 1 -o 1 ] ,or(-)-delta-9-(trans)-tetrahydrocaimabinol] 

(2) Nabilone [Another name for nabilone: 7369 
( + )-trans-3-(l,l-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-l-hydroxy-6,6-dimethyl-9H- 
dibenzo[b,d]pyran-9-one] . 

History Note: Authority G.S. 90-88; 90-90; 143B-147; 
Ejf. June 30. 1978; 

Amended Eff. January 1, 1994; April 1, 1993; August 1, 1991; August 1. 1989; 
Temporary Ameruiment Ejf. May 13, 1997. 



11:29 NORTH CAROLINA REGISTER June 2, 1997 2210 



APPROVED RULES 



Tfiis Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting 
of April 17. 1997 pursuant to G.S. 150B-2 1.1 7(a)(1) and reported to the Joint Legislative Administrative Procedure 
Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the rules have been 
approved by RRC in a form different from that originally noticed in the Register or when no notice was required to be 
published in the Register. The rules published in full text are identified by an * in the listing of approved rules. Statutory 
Reference: G.S. 150B-21. 17. 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 1998 Short Session of the 
General Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that 
specifically disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the 
day the bill receives an unfavorable final action or the day the General Assembly adjourns. Statutory reference: G.S. 
1508-21. 3. 



{ 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



10 


NCAC 


03 U 


.0707* 




10 


NCAC 


26G 


.0707 




11 


NCAC 


12 


.1702* Eff. May 1 


1997 


12 


NCAC 


09A 


.0103 




12 


NCAC 


09B 


.0111 




12 


NCAC 


09B 


.0206 




12 


NCAC 


09B 


.0224 




12 


NCAC 


098 


.0225 




12 


NCAC 


093 


.0409 




12 


NCAC 


09C 


.0304 




12 


NCAC 


09C 


.0307* 




12 


NCAC 


09C 


.0309 




12 


NCAC 


09C 


.0601 - .0608 




15A 


NCAC 


02D 


.0535 




15A 


NCAC 


02D 


.1201 -.1207 




15A 


NCAC 


02D 


.1208 -.1209* 




15A 


NCAC 


02Q 


.0312 - .0313 




15A 


NCAC 


02Q 


.0525 




15A 


NCAC 


02Q 


.0527 




15A 


NCAC 


02Q 


.0607 




15A 


NCAC 


031 


.0107* Eff. May 1, 


1997 


15A 


NCAC 


031 


.0110* Eff. May 1, 


1997 


15A 


NCAC 


031 


.01 16* Eff. May 1, 


1997 


15A 


NCAC 


03J 


.0104* Eff. May 1, 


1997 


15A 


NCAC 


03J 


.0301* Eff. May 1, 


1997 


15A 


NCAC 


03K 


.0105* Eff. May 1, 


1997 


15A 


NCAC 


03K 


.0204* Eff. May 1, 


1997 


15A 


NCAC 


03K 


.0304* Eff. May 1, 


1997 


15A 


NCAC 


03L 


.0203* Eff. May 1, 


1997 


15A 


NCAC 


03L 


.0205* Eff. May 1, 


1997 


15A 


NCAC 


03M 


.0204 




15A 


NCAC 


03M 


.0401* Eff. May 1, 


1997 


15A 


NCAC 


03N 


.0103 - .0105* Eff. 


May 1, 1997 


15A 


NCAC 


03O 


.0201 - .0202* Eff. 


May 1, 1997 


15A 


NCAC 


03O 


.0205* Eff. May 1, 


1997 


15A 


NCAC 


03O 


.0208* Eff. May 1, 


1997 


15A 


NCAC 


03R 


.0101 - .0105* Eff. 


May 1, 1997 


15A 


NCAC 


03R 


.0107* Eff. May 1, 


1997 


15A 


NCAC 


lOB 


.0116 




15A 


NCAC 


lOD 


.0003* Eff. July 1, 


1997 


15A 


NCAC 


lOF 


.0317 





11:17 NCR 1338 




11:18 NCR 1371 




not required, G.S. 


150B-21. 5(a)(5) 


11:20 NCR 1539 




11:20 NCR 1539 




11:20 NCR 1539 




11:20 NCR 1539 




11:20 NCR 1539 




11:20 NCR 1539 




11:20 NCR 1539 




11:20 NCR 1539 




11:20 NCR 1539 




11:20 NCR 1539 




11:16 NCR 1271 




11:16 NCR 1277 


1284 


11:16 NCR 1284 


1287 


11:16 NCR 1273 


1275 


11:16 NCR 1275 




11:16 NCR 1276 




11:16 NCR 1277 




not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required. G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


11:18 NCR 1371 




not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


not required, G.S. 


150B-21.5 


11:18 NCR 1372 




not required, G.S. 


150B-21. 5(a)(5) 


11:19 NCR 1427 




June 2, 1997 


11:29 



{ 



2211 



NORTH CAROLINA REGISTER 



APPROVED RULES 



15A 


NCAC 


lOF 


.0327* 


15A 


NCAC 


lOF 


.0339 


15A 


NCAC 


13A 


.0101 


15A 


NCAC 


13A 


.0105 


15A 


NCAC 


13A 


.0107 


15A 


NCAC 


13A 


.0111 


15A 


NCAC 


13A 


.0112 


15A 


NCAC 


13A 


.0119 


15A 


NCAC 


211 


.0101* 


15A 


NCAC 


21J 


.0101* 


19A 


NCAC 


02E 


.0210* Eff. May 1, 1997 


21 


NCAC 


36 


.0320* 


21 


NCAC 


37D 


.0202* 


21 


NCAC 


37G 


.0102 


TITLE 10 - DEPARTMENT OF HUMAN 




RESOURCES 





20 NCR 1551 




19 NCR 1427 




20 NCR 1552 




20 NCR 1554 




20 NCR 1554 




20 NCR 1554 




20 NCR 1555 




20 NCR 1555 




20 NCR 1555 




20 NCR 1556 


no 


L required, G.S. 150B-2 1.5 (a)(5) 




19 NCR 1428 




18 NCR 1373 




18 NCR 1373 



CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3U - CHILD DAY CARE 
STANDARDS 

SECTION .0700 - HEALTH AND OTHER 
STANDARDS FOR CENTER STAFF 

.0707 IN-SERVICE TRAINING REQUIREMENTS 

(a) Each day care center shall provide, or arrange for the 
provision of, training for staff to assure that each new staff 
person who has contact with the children will receive a 
minimum of 10 clock hours of orientation within the first six 
weeks of employment. This orientation shall include training 
in their job-specific duties and responsibilities; a review of 
the child day care licensing law and regulations; a review of 
the individual center's persoimel and operational policies, 
purpose, and goals; an explanation of the role of state and 
local govenmient agencies, their effect on the center, their 
availability as a resource, and individual staff responsibilities 
to representatives of state and local government agencies; 
observation of center operations; maintaining a safe and 
healthy environment; and training to recognize symptoms of 
child abuse and neglect. 

(b) The center director and any staff who have 
responsibility for planning and supervising a day care 
program, as well as staff who work directly with children, 
shall participate in in-service training activities aimually, 
according to the individual's assessed needs. Staff may 
choose one of the following options for meeting the 
in-service requirement: 

• (1) Each staff person shall complete in-service training 
activities which are related to child care or to the 
person's job responsibilities as specified in the 
following Subparagraphs: 

(A) persons with a four-year degree in a child 
care-related field of study from a regionally 
accredited college or university shall 



complete five clock hours of training 
annually; 

(B) persons with a two-year degree in a child 
care-related field of study from a regionally 
accredited college or university, or persons 
with at least fifteen years documented, full- 
time verifiable work experience as a 
teacher, director or caregiver in a licensed 
or registered child care arrangement and a 
cumulative total of more than 50 hours of 
in-service training approved pursuant to 
Rule .0708 of this Section shall complete 
eight clock hours of training annually; 

(C) persons with a one-year certificate in a child 
care-related field of study from a regionally 
accredited college or university, or persons 
with at least 10 years documented, full-time 
verifiable work experience as a teacher, 
director or caregiver in a licensed or 
registered child care arrangement and a 
cumulative total of more than 50 hours of 
in-service training approved pursuant to 
Rule .0708 of this Section, or persons with 
a Child Development Associate Credential 
shall complete 10 clock hours of training 
annually; 

(D) all other persons shall complete 20 clock 
hours of training annually; or 

(2) If the staff person has completed 4 semester hours, 

6 quarter hours, or 64 clock hours of early 

childhood education or child development and is 

enrolled in an early childhood or child 

development curriculum program, completion of 

or enrollment in a course which is required or 

approved for completion of that curriculum 

program will fulfill the annual in-service 

requirement. 

(c) For staff working less than 40 hours per week on a 

regular basis and choosing the option for 20 hours of 

in-service training, the training requirement may be prorated 

as follows: 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2212 



APPROVED RULES 



WORKING HOURS PER WEEK/CLOCK HOURS REQUIRED 
0-10 5 

11-20 10 

21-30 15 

31-40 20 

(d) Clock hours of training or education related to child 
care may be accumulated for up to three years and counted 
toward the annual in-service training requirement. 

History Note: Authority G. S. 110-91 (1 1); 1438- 168. 3: 
Eff. January 1, 1986: 

Amended Eff. July L 1998: October 1, 1991; November 1. 
1989; July 1. 1988. 



TITLE 11 - DEPARTMENT OF INSURANCE 
CHAPTER 12 - LIFE AND HEALTH DIVISION 
SECTION .1700 - VIATICAL SETTLEMENTS 

.1702 VIATICAL SETTLEMENT PROVIDERS 

(a) An application for provider registration shall be filed 
with the Division. 

(b) Only those individuals named in the application may 
act as providers. 

(c) A provider shall submit with the application a plan of 
operation, including full particulars on the manner in which 
the provider proposes to operate in North Carolina and the 
type or types of insurance policies or contracts it intends to 
viaticate. 

(d) The provider's plan of operation shall be a narrative 
overview of the provider's business and shall include the 
following information: 

(1) A certified copy of the provider's charter and 
by-laws, if a corporation, and a copy of the 
partnership agreement, if a partnership. 

(2) A chart showing the relationship of the provider to 
any parent, affiliated, or subsidiary corporation. 

(3) A detailed description of the provider's marketing 
techniques, including a description of training 
programs for those individuals who will have 
direct contact with viators. 

(4) A list of the names of provider's directors and 
management personnel, including job title and a 
brief description of the job duties. 

(5) A schedule listing the names of financial 
institutions with which the provider has escrow 
trust agreements, indicating the balance on each 
account and copies of all escrow and trust 
agreements. 

(6) A detailed description of what steps through which 
the viator will have access to funds, including the 
source that will make such funds available. 

(e) A provider shall immediately notifv' the Division of 
any change in the address of the provider and of any change 
in the officers and directors of the provider. 



(f) Each provider shall notify the Division of any change 
in the plan of operation or fmancial information filed with its 
application within 10 business days after the change. 

(g) Each provider shall maintain net capital of at least one 
hundred thousand dollars ($100,000), or net capital plus a 
surety bond totaling at least one hundred thousand dollars 
($100,000). As used in this Rule, "net capital" means the 
excess of total assets over total liabilities as determined by 
generally accepted accounting principles. If any of a 
provider's assets have been depreciated, the amount of 
depreciation relative to any particular asset may be added to 
the depreciated cost of the assets to compute the total assets; 
provided however, that the amount resulting after adding 
such depreciation shall not exceed the fair market value of the 
asset. For the purpose of calculating the appropriate amount 
of the surety bond that is required by this Rule, net capital 
shall be presumed to be zero ($0.00) in situations in which a 
provider's liabilities exceed the provider's assets. 

(h) A power of attorney designating the Commissioner as 
the provider's agent for service of legal process shall be filed 
by every provider. 

History Note: Authority G.S. 58-2-40; 58-16-30; 58-58-42; 
Eff. February 1, 1996; 
Amended Eff. Max L 1997. 



TITLE 12 - DEPARTMENT OF JUSTICE 

CHAPTER 9 - CRIMINAL JUSTICE EDUCATION 
AND TRAINING STANDARDS 

SUBCHAPTER 9C - ADMINISTRATION OF 

CRIMINAL JUSTICE EDUCATION AND 

TRAINING STANDARDS 

SECTION .0300 - CERTIFICATION OF 
CRIMINAL JUSTICE OFFICERS 

.0307 AGENCY RETENTION OF RECORDS OF 
CERTinCATION 

Each agency shall place in personnel files the official 
notification from the Commission of either probationary or 
general cenification for each criminal justice officer 
employed or appointed by the agency. Such files shall be 
available for examination at any reasonable time by 
representatives of the Commission for the purpose of 
verifying compliance with these Rules. The persormel files 
shall also contain: 

(1) the officer's Personal History Statement; 

(2) the officer's Medical History Statement and 
Medical Examination Report; 

(3) documentation of the officer's drug screening 
results; 

(4) for the criminal justice officer, the Commission's 
Mandated Background Investigation Form as 
completed by the agency's investigator; for 



2213 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



criminal justice officers employed by the North 
Carolina Department of Correction, a written 
summary of the Background Investigation 
conducted on the officer; 

(5) a written summary of the officer's Qualifications 
Appraisal Interview; 

(6) documentation of the officer's educational 
achievements; 

(7) documentation of all criminal justice training 
completed by the officer; 

(8) the results of the officer's fingerprint record check; 

(9) a written summary of the officer's psychological 
examination results; and 

(10) for the law enforcement officer, documentation on 
a commission-approved form that the officer has 
completed the minimum in-service training as 
required. 

History Note: Authority G.S. 17C-2: 17C-6; 

Eff. January 1. 1981; 

Amended Ejf. August L 1998: January 1, 1995; July 1. 

1990; July 1. 1989; June 1, 1986. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION CONTROL 
REQUIREMENTS 

SECTION .1200 - CONTROL OF EMISSIONS 
FROM INCINERATORS 

.1208 OPERATOR TRAINING AND 
CERTIFICATION 

(a) By January 1, 2000, or six months after the date of 
startup of a municipal waste combustor located at a small 
municipal waste combustor plant, whichever is later, and by 
July 1, 1999 or six months after the date of startup of a 
municipal waste combustor located at a large municipal waste 
combustor plant, whichever is later: 

(1) Each facility operator and shift supervisor of a 
municipal waste combustor shall obtain and 
maintain a current provisional operator 
certification from the American Society of 
Mechanical Engineers (ASME QRO-1-1994). 

(2) Each facility operator and shift supervisor of a 
municipal waste combustor shall have completed 
full certification or shall have scheduled a full 
certification exam with the American Society of 
Mechanical Engineers (ASME QRO-1-1994). 

(3) The owner or operator of a small or large 
municipal waste combustor plant shall not allow 
the facility to be operated at any times unless one 
of the following persons is on duty at the affected 



facility: 

(A) a fully certified chief facility operator, 

(B) a provisionally certified chief facility 
operator who is scheduled to take full 
certification exam according to the schedule 
specified in Subparagraph (2) of this 
Paragraph, 

(C) a fully certified shift supervisor, or 

(D) a provisionally certified shift supervisor 
who is scheduled to take the full 
certification exam according to the schedule 
specified in Subparagraph (2) of this 
Paragraph. 

If one of the persons listed in this Subparagraph 
leaves the affected facility during their operating 
shift, a provisionally certified control room 
operator who is onsite at the affected facility may 
fulfill the requirements in this Subparagraph. 

(b) The owner or operator of a municipal waste combustor 
located at a small or large municipal waste combustor plant 
shall develop and update on a yearly basis a site-specific 
operating manual that shall at the minimum address the 
elements of municipal waste combustor unit operation 
specified in 40 CFR 60.54b Paragraphs (e)(1) through 
(e)(ll). 

(c) By July 1, 1999, or six months after the date of startup 
of a municipal waste combustor located at a small or large 
municipal waste combustor plant, whichever is later, the 
owner or operator of the municipal waste combustor plant 
shall comply with Subparagraphs (1) to (3) of this Paragraph. 

(1) All chief facility operators, shift supervisors, and 
control room operators shall complete the EPA 
municipal waste combustor training course. 

(A) The requirements specified in Subparagraph 
(1) of this Paragraph shall not apply to chief 
facility operators, shift supervisors, and 
control room operators who have obtained 
full certification from the American Society 
of Mechanical Engineers on or before July 
1, 1998. 

(B) The owner or operator may request that the 
Administrator waive the requirement 
specified in Subparagraph (I) of this 
Paragraph for chief facility operators, shift 
supervisors, and control room operators 
who have obtained provisional certification 
from the American Society of Mechanical 
Engineers on or before July 1, 1998. 

(2) The owner or operator of a municipal waste 
combustor located at a small or large municipal 
waste combustor plant shall establish a training 
program to review the operating manual , according 
to the schedule specified in Parts (A) and (B) of 
this Subparagraph, with each person who has 
responsibilities affecting the operation of an 
affected facility, including the chief facility 
operators, shift supervisors, control room 



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2214 



APPROVED RULES 



op>erators, ash handlers, maintenance personnel, 
and crane-load handlers. 

(A) Each person specified in Subparagraph 
(c)(2) of this Rule shall undergo initial 
training no later than the date specified in 
Subparts (c)(2)(A)(i), (c)(2)(B)(ii), or 
(c)(2)(C)(iii) of this Rule, whichever is 
later. 

(i) The date six months after the date of 
startup of the affected facility; 

(ii) July 1, 1999; 

(iii) The date prior to the day when the 
person assumes responsibilities 
affecting municipal waste combustor 
unit operation. 

(B) Annually, following the initial training 
required by Part (c)(2)(A) of this Rule. 

(3) The operating manual required by Paragraph (c) of 

this Rule shall be kept in a readily accessible 

location for all persons required to undergo 

training under Subparagraph (c)(2) of this 

Paragraph. The operating manual and records of 

training shall be available for inspection by the 

personnel of the Division on request. 

(d) The referenced ASME exam in this Rule is hereby 

incorporated by reference and includes subsequent 

amendments and editions. Copies of the referenced ASME 

exam may be obtained from the American Society of 

Mechanical Engineers (ASME), 22 Law Drive, Fairfield, NJ 

07007, at a cost of fony nine dollars (S49.00). 



History Note: Authority G. S. 
143-215. 107(a)(10); 
Eff. July 1. 1998. 



1 43-21 5. 3 (a)(1); 



.1209 COMPLIANCE SCHEDULES 

(a) Except for municipal waste combustor located at a 
small or large municipal waste combustor plant, the owner or 
operator of any incinerator for which construction began after 
September 30, 1991, shall be in compliance with this Section 
or Rule .1110 of this Subchapter, whichever is applicable, 
before beginning operation. 

(b) The owner or operator of a large municipal waste 
combustor plant shall choose one of the following three 
compliance schedule options: 

(1) comply with all the requirements or close before 
July 1, 1999; or 

(2) comply with all the requirements after one year but 
before three years following the date of issuance of 
a revised construction and operation permit, if 
permit modification is required, or after July 1, 
1999 but before July 1, 2001, if a permit 
modification is not required. If this option is 
chosen, then the owner or operator of the facility 
shall submit to the Director measurable and 
enforceable incremental steps of progress towards 
compliance which include: 

(A) a date by which contracts for the emission 



control system or equipment shall be 
awarded or orders issued for purchase of 
component parts; 

(B) a date by which on site construction, 
installation, or modification of emission 
control equipment shall begin; 

(C) a date by which on site construction, 
installation, or modification of emission 
control equipment shall be completed; 

(D) a date for initial startup of emissions control 
equipment; 

(E) a date for initial performance test(s) of 
emission control equipment; and 

(F) a date by which the facility shall be in 
compliance with this Section, which shall be 
no later than three years from the issuance 
of the permit. 

(3) close between July 1, 1999 and July 1, 2001. If 
this option is chosen then the owner or operator of 
the facility shall submit to the Director a closure 
agreement which includes the date of the plant 
closure. 

(c) The owner or operator of a small municipal waste 
combustor plant shall comply with all requirements, or close, 
within three years following the date of issuance of a revised 
construction and operation permit, if a permit modification 
is required, or by July 1, 2001, if a permit modification is 
not required. 

(d) All municipal waste combustors located within large 
municipal waste combustor plant for which construction, 
modification, or reconstruction commenced after June 26, 
1987, but before September 19, 1994, shall comply with the 
emission limit for mercury specified in Paragraph (g)(2) of 
Rule .1205 of this Section and the emission limit for dioxin 
and furan specified in Paragraph (m)(2) of Rule .1205 of this 
Section within one year following issuance of a revised 
construction and operation permit, if a permit modification 
is required, or by July 1, 1999, whichever is later. 

(e) The owner or operator shall certify to the Director 
within five days after the deadline, for each increment of 
progress, whether the required increment of progress has 
been met. 

History Note: Authority G.S. 143-215. 3(a)(1); 

143-215. 107(a)(4). (5); 

Ejf. October 1, 1991; 

Amended Eff. July. L 1998: April 1, 1995; December 1, 

1993; March 2, 1992. 

CHAPTER 3 - MARINE nSHERIES 

SUBCHAPTER 31 - GENERAL RULES 

SECTION .0100 - GENERAL RULES 

.0107 ENDANGERED OR THREATENED SPECIES 

(a) Pursuant to a cooperative agreement entered into on 
February 5, 1979. by the Department of Environment, 



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11:29 



APPROVED RULES 



Health, and Natural Resources, the Marine Fisheries 
Commission, and the Wildlife Resources Commission, the 
Wildlife Resources Commission will exercise regulatory 
jurisdiction over any species of sea turtle, and their eggs and 
nests, consistent with designation of such species as 
endangered or threatened by the U.S. Fish and Wildlife 
Service. As provided by said agreement, the law 
enforcement officers of both the Marine Fisheries Division 
and the Wildlife Resources Commission have jurisdiction to 
enforce any State laws and rules, including those contained 
in 15A NCAC 101, relating to endangered or threatened 
species of sea turtles and their eggs and nests. 

(b) The Fisheries Director may close or restrict by 
proclamation any coastal waters with respect to taking or 
attempting to take any or all kinds of marine resources when 
the method (equipment) used is a serious threat to an 
endangered or threatened species listed pursuant to 16 USC 
1533(c). Copies of this list may be obtained from the 
Division of Marine Fisheries, PO Box 769, 3441 Arendell 
St., Morehead City, North Carolina 28557-0769. 

(c) It is unlawful to use any commercial fishing equipment 
in the sea turtle sanctuary located in the Atlantic Ocean 
adjacent to Onslow County as described in 15A NCAC 3R 
.0101 from June 1 through August 31, except that the 
Fisheries Director may, by proclamation, modify the 
sanctuary within the described area and vary implementation 
between specified dates for the protection of the sea turtle 
population. 

History Note: Authority G.S. 113-132: 113-134; 113-138; 

113-181; 113-182; 113-224; 143B-289.4; 

Eff. January 1, 1991; 

Recodified from 15A NCAC 31 .0007 Eff. December 17. 

1996; 

Amended Eff. Max L 1997. 

.0110 MILITARY PROHIBITED AND RESTRICTED 
AREAS 

(a) Pursuant to Title 33 United States Code Section 3, the 
United States Army Corps of Engineers has adopted 
regulations which restrict access to and activities within 
certain areas of coastal and inland fishing waters. Federal 
Rules codified at 33 CFR 334.410 through 334.450 designate 
prohibited and restricted military areas, including locations 
within North Carolina coastal fishing waters, and specify 
activities allowed in these areas. The areas described in 33 
CFR 334.420 (a) (1) BT-9 Brant Island and 334.420 (b) (1) 
(i) BT-11 Piney Island are designated as prohibited areas and 
are closed to navigation by the public at all times. The N. C. 
Marine Fisheries Commission and Division of Marine 
Fisheries do not have the authority to provide for fishing 
access to these two areas. Therefore, these two prohibited 
areas will be excluded from any rule promulgated by the 
Marine Fisheries Commission and any proclamation issued 
by the Fisheries Director which provide fishing access to 
areas adjacent to these two areas. Access to the military 
prohibited and restricted areas and enforcement of the federal 



rules applicable therein is the sole respwnsibility of the 
respective federal military organization listed for each 
restricted area in the federal regulations. 

(b) The designated areas are shown on navigational charts 
and specifically described in the Coastal Pilot and the Code 
of Federal Regulations (CFR). The descriptions in 15 A 
NCAC 3R .0102(a) show the general location of each such 
area, the Federal Regulation specifically describing the areas, 
the Federal Regulations stating the limitations on access to 
and use of each such area, and the designated military 
authority to contact for information about permits or for 
access to each such area. 

History Note: Authority G.S. 113-134; 113-181; 113-182; 

143B-289.4: 

Eff. January 1. 1991; 

Amended Eff. March 1. 1994; 

Recodified from 15A NCAC 31 .0010 Eff. December 17. 

1996; 

Amended Eff. Max L 1997. 

.0116 CORAL AND LIVE ROCK 

(a) It is unlawful to harvest or possess aboard a vessel 
coral or live rock as defined in 15A NCAC 31 .0101(24) and 
(25). 

(b) Live rock and coral shall be returned immediately to 
the waters where taken. 

History Note: Authority G.S. 113-134; 113-182; 143B- 

289.4; 

Eff. March 1. 1995; 

Recodified from ISA NCAC 31 .0016 Eff. December 17, 

1996; 

Amended Eff. Max L 1997. 

SUBCHAPTER 3J - NETS, POTS, DREDGES, 
AND OTHER HSHING DEVICES 

SECTION .0100 - NET RULES, GENERAL 

.0104 TRAWT. NETS 

(a) It is unlawful to use trawl nets for the taking of finfish 
in internal waters, except that it shall be permissible to take 
or f)ossess fmfish incidental to crab or shrimp trawling in 
accordance with the following limitations: 

(1) It is unlawful to possess aboard a vessel while 
using a trawl in internal waters more than 500 
pounds of fmfish from December 1 through 
February 28 and 1,000 pounds of fmfish from 
March 1 through November 30. 

(2) The Fisheries Director may, by proclamation, 
close any area to trawling for specific time periods 
in order to secure compliance of this Rule. 

(b) It is unlawful to use trawl nets: 

(1) In internal coastal waters, between one hour after 
sunset Friday and one hour before sunset on 
Sunday; 



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June 2, 1997 



2216 



APPROVED RULES 



(2) For the taking of oysters; 

(3) In Albemarle Sound and its tributaries; 

(4) In the areas described in 15A NCAC 3R .0106; 

(5) From December 1 through February 28 from one 
hour after sunset to one hour before sunrise in the 
following areas: 

(A) In Pungo River north of a line beginning at 
a point on Wades Point 35' 23' 17" N - 76° 
34' 30" W; running 060° (M) to a point on 
Currituck Poim 35° 24' 35" N - 76° 32' 
19" W. 

(B) In Pamlico River west of a line beginning at 
a point on the south shore near Fulford 
Point 35° 19' 52" N - 76° 35' 56" W; 
running 026° (M) through Flashing Red 
Marker "1" to a point on Wades Point 35° 
23' 17" N -76° 34' 30" W. 

(C) In Bay River west of a line beginning at a 
point on Maw Point 35° 09' 02" N - 76° 
32' 10" W; running 021° (M) through 
Flashing Green Marker "1" to a point on 
Bay Point 35° 11' 01" N - 76° 31' 35" W. 

(D) In Neuse River west of a line begiiming at 
a point off Cherry Point 34° 56' 17" N - 
76° 48' 37" W; running 020° (M) through 
Flashing Red Marker "9" to a point off 
Wilkinson Point 34° 57' 58" N - 76° 48' 
22" W. 

(E) In New River all waters upstream of the 
N.C. Highway 172 Bridge. 

(c) Minimum mesh sizes for shrimp and crab trawls are 
presented in 15A NCAC 3L .0103 and .0202. 

(d) The Fisheries Director may, with prior consent of the 
Marine Fisheries Commission, by proclamation, require 
finfish excluder devices or codend modifications in trawl nets 
to reduce the catch of fmfish that do not meet size limits or 
are unmarketable as individual foodfish by reason of size. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4; 

Ejf. February 1, 1991; 

Amended Ejf. Max L 1997: March 1, 1994; February 1, 

1992. 

SECTION .0300 - POTS, DREDGES, AND 
OTHER nSHING DEVICES 

.0301 CRAB, EEL, nSH, AND SHRIMP POTS 

(a) It is unlawful to use pots except during time periods 
and in areas specified herein: 

(1) From November 1 through April 30, except that 
all pots, except fish pots upstream of U.S. 17 
Bridge across Chowan River and upstream of a 
line across the mouth of Roanoke, Cashie, Middle 
and Eastmost Rivers to the Highway 258 Bridge, 
shall be removed from internal waters from 
January 24 through February 7. The Fisheries 
Director may, by proclamation, reopen various 



waters to the use of pots after January 28 if it is 
determined that such waters are free of pots. 

(2) From May 1 through October 3 1 , north and east of 
the Highway 58 Bridge at Emerald Isle: 

(A) In areas described in 15 A NCAC 3R 
.0107(a); 

(B) To allow for the variable spatial distribution 
of Crustacea and finfish, the Fisheries 
Director may, by proclamation, specify time 
periods for or designate the areas described 
in 15A NCAC 3R .0107(b) or any part 
thereof, for the use of pots. 

(3) From May 1 through October 31 in the Atlantic 
Ocean and west and south of the Highway 58 
Bridge at Emerald Isle in areas and during time 
periods designated by the Fisheries Director by 
proclamation. 

(b) It is unlawful to use pots in any navigation channel 
maintained and marked by State or Federal agencies. 

(c) It is unlawful to use pots unless each pot is marked by 
attaching a floating buoy which shall be of solid foam or 
other solid buoyant material and no less than five inches in 
diameter and no less than five inches in length. Buoys may 
be of any color except yellow. The owner shall always be 
identified on the attached buoy by using engraved buoys or 
by engraved metal or plastic tags attached to the buoy. Such 
identification shall include one of the following: 

(1) owner's N.C. motorboat registration number; or 

(2) owner's U.S. vessel documentation name; or 

(3) owner's last name and initials. 

(d) Pots attached to shore or a pier shall be exempt from 
(a)(2), (a)(3), and (c) of this Rule. 

(e) It is unlawful to use shrimp pots with mesh lengths 
smaller than one and one-fourth inches stretch or five-eights 
inch bar. 

(f) It is unlawful to use eel pots with mesh sizes smaller 
than one inch by one-half inch unless such pots contain an 
escape panel that is at least four inches square with a mesh 
size of 1 " X '/2 " located in the outside panel of the upper 
chamber of rectangular pots and in the rear portion of 
cylindrical pots, except that not more than two eel pots per 
fishing operation with a mesh of any size may be used to take 
eels for bait. 

(g) It is unlawful to use crab pots in coastal waters unless 
each pot contains no less than two unobstructed escape rings 
that are at least 2 5/16 inches inside diameter and located in 
the opposite outside panels of the upper chamber of the pot. 
Peeler pots with a mesh size less than 1 V2 inches shall be 
exempt from the escape ring requirement. The Fisheries 
Director may, by proclamation, exempt the escape ring 
requirement in order to allow the harvest of peeler crabs or 
mature female crabs and may impose any or all of the 
following restrictions: 

(1) Specify areas, and 

(2) Specify time. 

(h) It is unlawful to use more than 150 pots per vessel in 
Newport River. 
(i) It is unlawful to remove crab pots from the water or 



2217 



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June 2, 1997 



11:29 



APPROVED RULES 



remove crabs from crab pots between one hour after sunset 
and one hour before sunrise. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. May L 1997; March 1, 1996; March 1. 1994; 

October 1, 1992; September 1. 1991. 

SUBCHAPTER 3K - OYSTERS, CLAMS, 
SCALLOPS AND MUSSELS 

SECTION .0100 - SHELLnSH, GENERAL 

.0105 NON-COMMERCIAL HARVEST OF CRABS 
AND SHELLHSH 

(a) It is unlawful for individuals claiming exemption from 
the crab license required by G.S. 1 13-153. 1 or the shellfish 
license required by G.S. 113-154, by reason of 
non-commercial use, to take more than: 

(1) One bushel of oysters per person per day, not to 
exceed two bushels per vessel per day; 

(2) One hundred clams per person per day, not to 
exceed two hundred clams per vessel per day; 

(3) One-half bushel of scallops per person per day, not 
to exceed one bushel per vessel per day; 

(4) Fifty blue crabs per person per day not to exceed 
one hundred blue crabs per vessel per day; 

(5) Ten conchs per person per day not to exceed 
twenty conchs per vessel per day; 

(6) One hundred mussels per person per day not to 
exceed two hundred mussels per vessel per day. 

(b) It is unlawful to take crabs or. shellfish by mechanical 
means without having first procured an individual crab 
license or shellfish license and a vessel license. A vessel 
license, as required by G.S. 113-152 for the use of other 
commercial fishing equipment as defined in 15A NCAC 31 
.0101(b)(1) is not required for the non-commercial harvest of 
shellfish in accordance with limits in Paragraph (a) of this 
Rule. 

(c) It is unlawful to take oysters or clams on Sundays and 
scallops on Saturdays and Sundays except: 

(1) during open seasons, and 

(2) in accordance with limits outlined in Paragraph (a) 
of this Rule with or without license. 

(d) Unlicensed individuals taking crabs pursuant to G.S. 
113-153. 1(d) or taking shellfish pursuant to G.S. 113-154 
(cl) shall be exempt from the limits established in Paragraphs 
(a) and (b) of this Rule. 

History Note: Filed as a Temporary Amendment Eff. 

October 9, 1995 for a period of 180 days or until the 

permanent rule becomes effective, whichever is sooner; 

Authority G.S. 113-134; 113-152; 113-154; 113-182; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. Mm L 1997; March 1, 1996; March 1. 1994; 



February 1, 1992; September 1, 1991. 

SECTION .0200 - OYSTERS 

.0204 DREDGES/MECHANICAL METHODS 
PROHIBITED 

It is unlawful to use any dredge or other mechanical 
method to take oysters: 

(1) In Pamlico Soimd within the area described in 15A 
NCAC 3R .0108(a). 

(2) In Core Sound and its tributaries within the area 
described in 15A NCAC 3R .0108(b). 

(3) On any posted bottoms upon which oysters or 
shells have been planted by the state, unless such 
bottoms have been opened to the public and 
dredging permitted. 

(4) In any of the areas and their tributaries designated 
in 15A NCAC 3R .0108(c). 

History Note: Authority G.S. 113-134; 113-182; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. May L 1997. 

SECTION .0300 - HARD CLAMS (MERCENARIA) 

.0304 PROHIBITED TAKING 

(a) It is imlawfiil to take clams by any method, other than 
by hand tongs, hand rakes, or by hand, except as provided in 
15A NCAC 3K .0302 and .0303. Regardless of the areas 
which may be opened, it is unlawful to take clams by any 
method: 

(1) other than hand tongs, hand rakes as described in 
15A NCAC 3K .0102, or by hand in any live 
oyster bed, or 

(2) by hand rakes as described in 15A NCAC 3K 
.0102, or by hand in any established bed of 
submerged aquatic vegetation as defined in 15 A 
NCAC 31 .0101 or salt water cordgrass (Spartina 
altemiflora) that may exist together or separately. 

(b) It is unlawful to possess clam trawls or cages aboard 
a vessel at any time, or have kick/deflector plates normally 
used in the mechanical harvest of clams affixed to a vessel at 
any time, except during the time period specified for a 
mechanical clam harvest season in internal waters in 
accordance with 15A NCAC 3K .0302(a). A period of 14 
days before and after the season as specified will be allowed 
for the installation and removal of kick/deflector plates and 
clam trawls or cages. Vessels with permits for activities 
provided for in 15A NCAC 3K .0104, .0107, .0303(a), and 
.0401 shall be exempt from this Rule during the times such 
activities are permitted. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. Mm L 1997: July 1. 1993. 



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APPROVED RULES 



SUBCHAPTER 3L - SHRIMP, CRABS, 
AND LOBSTER 

SECTION .0200 - CRABS 

.0203 CRAB DREDGING 

(a) It is unlawful to take crabs with dredges except: 

(1) From January 1 through March 1 in the area of 
Pamlico Sound described in 15A NCAC 3R .0109. 

(2) Crabs may be taken incidental to lawful oyster 
dredging operations provided the weight of the 
crabs shall not exceed: 

(A) 50 percent of the total weight of the 
combined oyster and crab catch; or 

(B) 500 pounds, whichever is less. 

(b) It is unlawful to take crabs with dredges between 
sunset and sunrise and between sunset on any Saturday and 
sunrise on the following Monday, except in the Atlantic 
Ocean. 

History Note: Authority G.S. 113-134; 113-182; 

143B-289.4; 

Eff. January 1, 1991; 

Ameruied Eff. Mm L 1997. 

.0205 CRAB SPAWNING SANCTUARIES 

(a) It is unlawful to use a trawl net or take crabs with the 
use of commercial fishing equipment from the crab spawning 
sanctuaries described in 15A NCAC 3R .0110 from March 
1 through August 3 1 . 

(b) From September 1 through February 28, the Fisheries 
Director may, by proclamation, close the crab spawning 
sanctuaries and may impose any or all of the following 
restrictions: 

(1) Specify number of days; 

(2) Specify areas; 

(3) Specify means and methods which may be 
employed in the taking; 

(4) Specify time period; 

(5) Limit the quantity. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. Mm L 1997. 

SUBCHAPTER 3M - FINFISH 

SECTION .0400 - MENHADEN AND 
ATLANTIC THREAD HERRING 

.0401 SEASON AND AREAS 

(a) It is unlawful to take menhaden or Atlantic thread 
herring with a purse seine in violation of any of the following 
limitations: 

(1) In the Atlantic Ocean within an area described in 
15ANCAC3R .0111. 

(2) Between January 16 and May 14 in internal waters 



and in the Atlantic Ocean within one mile of shore. 

(3) Between January 16 and March 31 in Core Sound. 

(4) In internal waters except in: 

(A) Pamlico Sound, 

(B) Pamlico River east of a line from Wades 
Point to Intracoastal Waterway Marker No. 
1 at the mouth of Goose Creek, 

(C) Neuse River east of a line from Wilkinson 
Point to Cherry Point, 

(D) Adams Creek, 

(E) Core Sound and its tributaries, 

(F) Back Sound, the Straits, and North River, 

(G) Newport River, 
(H) North River, 

(I) Newport River, and 
(J) Bogue Sound. 

(5) The Fisheries Director may, by proclamation, 
open the Atlantic Ocean within one mile of shore 
and the internal waters specified in Subparagraph 
(4) of this Rule between April 1 and May 14, and 
may impose any or all of the following 
restrictions: 

(A) Specify means and methods by area which 
may be employed in the taking; 

(B) Limit the quantity; and 

(C) Require submission of statistical and 
biological data. 

(b) Menhaden and Atlantic thread herring may be taken at 
any time with a purse seine from beyond one mile of shore in 
the Atlantic Ocean and transported to port except as 
prohibited in 15A NCAC 3M .0403. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4; 

Eff. January 1. 1991; 

Amended Eff. Mm L 1997. 

SUBCHAPTER 3N - NURSERY AREAS 

.0103 MAPS AND MARKING 

(a) Maps or charts showing all primary and secondary 
nursery areas identified in 15A NCAC 3R .0103, .0104, and 
.0105 are available for inspection at the Division of Marine 
Fisheries' Office, Morehead City. 

(b) The Division of Marine Fisheries shall mark the 
downstream boundary of each primary and secondary nursery 
area with signs insofar as may be practicable. No 
unauthorized removal or relocation of any such marker or 
sign shall have the effect of changing the classification of any 
body of water or portion thereof, nor shall any such 
unauthorized removal or relocation or the absence of any 
marker or sign affect the applicability of any rule pertaining 
to any such body of water or portion thereof. Where there is 
conflict between markers and charts, charts shall prevail. 

History Note: Authority G.S. 113-134; 113-182; 

1433-289. 4; 

Eff. January 1. 1991; 



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Amended Ejf. September 1. 1991; 

Recodified from 15A NCAC 3N .0003 Eff. May 1, 1997; 

Amended Eff. Max L 1997. 

.0104 PROfflBITED GEAR, PRIMARY NURSERY 
AREAS 

It is unlawful to use any trawl net, long haul seine, swipe 
net, dredge, or mechanical method for clams or oysters for 
the purpose of taking any marine fishes in any of the primary 
nursery areas described in 15A NCAC 3R .0103. 

History Note; Authority G.S. 113-134; 113-182; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. September 1, 1991; 

Recodified from 15A NCAC 3N .0004 Eff. May 1. 1997; 

Amended Eff. Max L 1997. 

.0105 PROHIBITED GEAR, SECONDARY 
NURSERY AREAS 

(a) It is unlawful to use trawl nets for any purpose in any 
of the permanent secondary nursery areas described in 15A 
NCAC 3R .0104. 

(b) It is unlawful to use trawl nets for any purpose in any 
of the special secondary nursery areas described in 15A 
NCAC 3R .0105, except that the Fisheries Director, may, by 
proclamation, open any or all of the special secondary 
nursery areas, or any portion thereof, listed in 15A NCAC 
3R .0105 to shrimp or crab trawling from August 16 through 
May 14 subject to the provisions of 15A NCAC 3L .0100 
and .0200. 

(c) Permanent and special secondary nursery areas 
described in 15A NCAC 3R .0104 and .0105 generally 
pertain to those areas located between the described line and 
the primary nursery area lines or Inland-Coastal boundary 
lines where applicable. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. September 1, 1991; 

Recodified from 15A NCAC 3N .0005 Eff. May 1, 1997; 

Amended Eff. Mm L 1997. 

SUBCHAPTER 30 - LICENSES, LEASES, 
AND FRANCHISES 

SECTION .0200 - LEASES AND 
FRANCHISES 

.0201 STANDARDS FOR SHELLnSH BOTTOM 
AND WATER COLUMN LEASES 

(a) All areas of the public bottoms underlying coastal 
fishing waters shall: 

(1) Meet the following standards in addition to the 
standards in G.S. 1 13-202 in order to be deemed 
suitable for leasing for shellfish purposes: 



(A) The lease area must not contain a natural 
shellfish bed which is defined as 10 bushels 
or more of shellfish per acre. 

(B) The lease area must not be closer than 100 
feet to a developed shoreline. In an area 
bordered by undeveloped shoreline, no 
minimum setback is required. When the 
area to be leased borders the applicant's 
property or borders the property of riparian 
owners who have consented in a notarized 
statement, the Secretary may reduce the 
distance from shore required by this Rule. 

(C) Unless the applicant can affirmatively 
establish a necessity for greater acreage 
through the management plan that is 
attached to the application and other 
evidence submitted to the Secretary, the 
lease area shall not be less than one-half 
acre and shall not exceed: 

(i) 10 acres for oyster culture; 
(ii) 5 acres for clam culture; or 
(iii) 5 acres for any other species. 
This Subparagraph shall not be applied to reduce any 
holdings as of July 1, 1983. 

(2) Produce and market 25 bushels of shellfish per 
acre per year to meet the minimum commercial 
production requirement or plant 25 bushels of 
cultch or seed shellfish per acre per year to meet 
commercial production by planting effort. 
Planting effort shall be considered in lieu of 
commercial production for five consecutive years 
beginning March 1, 1994, or for the first five 
consecutive years for any lease granted after March 
1, 1994. 

(A) Only shellfish planted, produced or 
marketed according to the definitions in 
15A NCAC 31 .0101 (26), (27) and (28) 
shall be submitted on production/utilization 
forms for shellfish leases and franchises. 

(B) If more than one shellfish lease or franchise 
is used in the production of shellfish, one of 
the leases or franchises used in the 
production of the shellfish must be 
designated as the producing lease or 
franchise for those shellfish. Each bushel of 
shellfish may be produced by only one 
shellfish lease or franchise. Shellfish 
transplanted between leases or franchises 
may be credited as planting effort on only 
one lease or franchise. 

(C) Production and marketing information and 
planting effort information are compiled and 
averaged separately to assess compliance 
with the standards. The lease or franchise 
must meet either the production requirement 
or the planting effort requirement within the 
dates set forth to be judged in compliance 



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with these standards. 

(D) In determining production and marketing 
averages and planting effort averages for 
information not reported in bushel 
measurements, the following conversion 
factors shall be used: 

(i) 300 oysters, 400 clams, or 400 
scallops equal one bushel; 

(ii) 40 pounds of scallop shell, 60 
poimds of oyster shell, 75 pounds of 
clam shell and 90 pounds of fossil 
stone equal one bushel. 

(E) In the event that a portion of an existing 
lease or franchise is obtained by a new 
owner, the production history for the 
portion obtained shall be a percentage of the 
originating lease or franchise production 
equal to the percentage of the area of lease 
or franchise site obtained to the area of the 
originating lease or franchise. 

(F) All bushel measurements shall be in U.S. 
Standard Bushels. 

(b) Water columns superjacent to leased bottoms shall 
meet the standards in G.S. 1 13-202. 1 in order to be deemed 
suitable for leasing for aquaculture purposes. 

(c) Water columns superjacent to duly recognized 
perpetual franchises shall meet the standards in G.S. 
113-202.2 in order to be deemed suitable for leasing for 
aquaculture purposes. 

(d) Water column leases must produce and market 100 
bushels of shellfish per acre per year to meet the minimum 
commercial production requirement or plant 100 bushels of 
cultch or seed shellfish per acre per year as determined by 
Division biologists to meet commercial production by 
planting effort. Planting effort shall be considered in lieu of 
commercial production for five consecutive years beginning 
March 1, 1994, or for the first five consecutive years for any 
lease granted after March 1, 1994. The rules for determining 
production and marketing averages and planting effort 
averages shall be the same for water column leases as for 
bonom leases and franchises set forth in Paragraph (a) of this 
Rule. 

History Note: Authority G.S. 113-134; 113-201; 113-202; 

113-202.1; 113-202.2; 143B-289.4; 

Ejf. January 1. 1991; 

Amended Ejf. Max L 1997: March 1, 1995; March 1, 1994; 

September 1, 1991. 

.0202 SHELLHSH BOTTOM AND WATER 
COLUMN LEASE APPLICATIONS 

(a) Application forms are available from the Division's 
office headquarters referenced in 15A NCAC 3H .0101 for 
persons desiring to apply for shellfish bottom and water 
column leases. Each application must be accompanied by a 
map or diagram prepared at the applicant's expense and must 
meet the information requirements contained in the 
application including an inset vicinity map showing the 



location of the proposed lease with detail sufficient to permit 
on-site identification and location. 

(b) As a part of the application, the applicant must submit 
a management plan for the area to be leased on a form 
provided by the Division which meets the following 
standards: 

(1) States the methods through which the applicant 
will cultivate and produce shellfish consistent with 
the minimum requirement in 15 A NCAC 30 
.0201; 

(2) States the time intervals during which various 
phases of the cultivation and production plan will 
be achieved; 

(3) States the materials and techniques that will be 
utilized in management of the lease; 

(4) Forecasts the results expected to be achieved by 
the management activities; and 

(5) Describes the productivity of any other leases or 
franchises held by the applicant. 

(c) The completed application, map or diagram, and 
management plan for the requested lease shall not be accepted 
by the Division unless accompanied by a non-refundable 
filing fee of one hundred dollars (SIOO.OO). An incomplete 
application shall be returned and not considered further imtil 
re-submitted complete with all required information. 

(d) Immediately after an application is deemed to have met 
all requirements and is accepted by the Division, the 
applicant must identify the area for which a lease is requested 
with stakes at each comer in accordance with 15 A NCAC 30 
.0204(a)(1)(A). The applicant shall firmly attach to each 
stake a sign, provided by the Division containing the name 
of the applicant, the date the application was filed, and the 
estimated acres. 

History Note: Authority G.S. 113-134; 113-201; 113-202; 

143B-289.4; 

Eff. January' 1. 1991; 

Amended Eff. May L 1997; September 1, 1991. 

.0205 LEASE RENEWAL 

(a) Lease renewal applications shall be provided to lessees 
as follows: 

(1) For shellfish bottom leases, renewal applications 
shall be provided in January of the year of 
expiration. 

(2) For water column leases, renewal applications 
shall be provided at least 90 days prior to 
expiration dates. 

(b) Lease renewal applications shall be accompanied by 
management plans meeting the requirements of 15A NCAC 
30 .0202(b). A filing fee of fifty dollars (S50.00) shall 
accompany each renewal application for shellfish bottom 
leases. 

(c) A survey for renewal leases shall be required at the 
applicant's expense when the Division determines that the 
area leased to the renewal applicant is inconsistent with the 
survey on file. 

(d) When it is determined, after due notice to the lessee. 



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and after opportunity for the lessee to be heard, that the 
lessee has not complied with the requirements of this Section 
or that the lease as issued is inconsistent with this Section, 
the Secretary may decline to renew, at the end of the current 
terms, any shellfish bottom or water column lease. The lessee 
may appeal the Secretary's decision by initiating a contested 
case as outlined in 15A NCAC 3P .0102. 

(e) Pursuant to G.S. 113-202(a)(6), the Secretary is not 
authorized to recommend approval of renewal of a shellfish 
lease in an area closed to shellfishing by reason of pollution. 
Shellfish leases partially closed due to pollution must be 
amended to exclude the area closed to shellfishing prior to 
renewal. For purposes of lease renewal determinations, an 
area shall be considered closed to shellfish harvest by reason 
of pollution when the area has been classified by the State 
Health Director as prohibited or has been closed for more 
than 50 percent of the days during the final four years prior 
to renewal except shellfish leases in areas which have been 
closed for more than 50 percent of the days during the final 
four years prior to renewal and continue to meet established 
production requirements by sale of shellfish through relay 
periods or other depuration methods shall not be considered 
closed due to pollution for renewal purposes. 

(f) If the Secretary declines to renew a lease that has been 
determined to be inconsistent with the standards of this 
Section, the Secretary, with the agreement of the lessee, may 
issue a renewal lease for all or part of the area previously 
leased to the lessee that contains conditions necessary to 
conform the renewal lease to the minimum requirements of 
this Section for new leases. 



(b) Action to terminate a shellfish franchise shall begin 
when there is reason to believe that the patentee, or those 
claiming under him, have done or omitted an act in violation 
of the terms and conditions on which the letters patent were 
granted, or have by any other means forfeited the interest 
acquired under the same. The Division shall investigate all 
such rights issued in perpetuity to determine whether the 
Secretary should request that the Attorney General initiate an 
action pursuant to G.S. 146-63 to vacate or annul the letters 
patent granted by the state. 

(c) Action to terminate a shellfish lease or franchise shall 
begin when the Fisheries Director has cause to believe the 
holder of private shellfish rights has encroached or usurped 
the legal rights of the public to access public trust resources 
in navigable waters. 

(d) In the event action to terminate a lease is begun, the 
owner shall be notified by registered mail and given a period 
of 30 days in which to correct the situation. Petitions to 
review the Secretary's decision must be filed with the Office 
of Administrative Hearings as outlined in 15A NCAC 3P 
.0102. 

(e) The Secretary's decision to terminate a lease may be 
appealed by initiating a contested case as outlined in 15 A 
NCAC 3P .0102. 

History Note: Authority G.S. 113-134; 113-201; 113-202; 

113-202.1; 113-202.2; 143B-289.4; 

Eff. January 1. 1991; 

Amended Eff. May L 1997; March 1, 1995; March 1, 1994; 

October 1, 1992; September 1. 1991. 



History Note: Authority G.S. 113-134; 113-201; 113-202; 

113-202.1; 113-202.2; 1433-289.4; 

Eff. January 1. 1991; 

Amended Eff. May. L 1997: March 1, 1995; March 1. 1994; 

October 1, 1992; September 1, 1991. 

.0208 CANCELLATION 

(a) In addition to the grounds established by G.S. 
113-202, the Secretary shall begin action to terminate leases 
and franchises for failure to produce and market shellfish or 
for failure to maintain a planting effort of cultch or seed 
shellfish at the following rates: 

(1) For shellfish bottom leases and franchises, 25 
bushels per acre per year. 

(2) For water column leases, 100 bushels per acre per 
year. 

These production and marketing rates shall be averaged over 
the most recent three-year period after January 1 following 
the second anniversary of initial bottom leases and recognized 
franchises and throughout the terms of renewal leases. For 
water column leases, these production and marketing rates 
shall be averaged over the first five year period for initial 
leases and over the most recent three year period thereafter. 
Three year averages for production and marketing rates shall 
be computed irrespective of changes of ownership of the 
shellfish lease or franchise. 



SUBCHAPTER 3R - DESCRIPTIVE 
BOUNDARIES 

SECTION .0100 - DESCRIPTIVE BOUNDARIES 

.0101 SEA TURTLE SANCTUARY 

The sea turtle sanctuary referenced in 15A NCAC 31 .0107 
is in the Atlantic Ocean adjacent to Onslow County enclosed 
by a line beginning at the easternmost end of Hammocks 
Beach (Bear Island) at 34^ 38.4' N - 77° 07 "W, and running 
southeastward 1,000 feet offshore toward the Bogue Inlet 
Bell Buoy (BW "BI"); thence continuing southwest 1,000 
feet offshore parallel with the ocean shoreline of Bear Island 
to a point 34° 37.1' N - 77° 10.1' W where said line 
intersects the northeastern edge of that restricted zone 
between Bear and Browns Inlets, designated as part of the 
Camp Lejeune restricted area; thence seaward along the 
boundary of this restricted zone to a point 34° 36.7' N - 77° 
09.8' W, said point being about 3/4 mile 157° M from the 
western end of Bear Island; thence from said point southwest 
across the restricted zone to a point 34° 35.1' N - 77° 13.2' 
W where said line intersects the southwestern boundary of 
the restricted zone, thence shoreward with the southwestern 
boundary of the restricted zone to a point off the mouth of 
Brown's Inlet 34° 35.6' N - 77° 13.6' W, said point being 
about 1,000 feet offshore of the western shore of Brown's 



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APPROVED RULES 



Inlet; thence southwest parallel with the ocean shoreline 
1,000 feet offshore to a point 34^ 34.7' N - 77 15.1' W, 
said point being about 1,200 feet 151' M from the 
northernmost observation tower on Onslow Beach; thence 
rimning southeast 151 ' M to apoml 34' 34.3' N - 77^ 14.7' 
W, said point being about 3/4 mile offshore; thence miming 
southwest to the New River Inlet Bell Buoy (BW "NR"); 
thence from said buoy to the southernmost tip of Onslow 
Beach 34= 31.9' N - 77= 20.3' W. 

History Note: Authority G.S. 113-134; 113-182; 

143B-289.4; 

Eff. January 1. 1991; 

Amended Eff. September 1. 1991; 

Recodified from 15A NCAC 3R .0001 Eff. December 17. 

1996; 

Amended Eff. Msx L 1997. 

.0102 MILITARY PROHffilTED AND RESTRICTED 
AREAS 

Designated military prohibited and restricted areas 
referenced in 15A NCAC 31 .01 10(b) and used for military 
training purposes are located as follows: 

(1) Currituck Sound: 

(a) North Landing River; and 

(b) Northern part of Currituck Sound (See 33 
CFR 334.410 (a) (1) and (a) (2); Contact 
Commander Fleet Air Norfolk); 

(2) Albemarle Sound: 

(a) Along north shore at the easternmost tip of 
Harvey Point (See 33 CFR 334.410 (b) (1) 
and (b) (2); Contact Commander Fleet Air 
Norfolk); and 

(b) Along south shore of Albemarle Sound (See 
33 CFR 334.410 (b) (1) and (b) (2); Contact 
Commander Fleet Air Norfolk); 

(3) PamJico Sound: 

(a) In the vicinity of Long Shoal (See 33 CFR 
334.410 (c); Contact Commander Fleet Air 
Norfolk); 

(b) In die vicinity of Brant Island (See 33 CFR 
334.420 (a) (1); Contact Commander 
Marine Corp Air Bases, East, Cherry 
Point); and 

(c) In the vicinity of Piney Island including 
waters of Rattan Bay, Cedar Bay and 
Tumagain Bay (See 33 CFR 334.420 (b); 
Contact Commander Marine Corps Air 
Bases, East, Cherry Point); 

(4) Neuse River and tributaries, that portion of Neuse 
River within 500 feet of the shore along the 
reservation of the Marine Corps Air Station, 
Cherry Point, North Carolina, extending from the 
mouth of Hancock Creek to a point approximately 
6,800 feet west of the mouth of Slocum Creek, and 
all waters of Hancock and Slocum Creeks and their 
tributaries within the boundaries of the 
reservations (See 33 CFR 334.430 (a); contact 



Commanding General, United States Marine Corps 
Air Station, Cherry Point); 

(5) Atlantic Ocean: 

(a) In the vicinity of Bear Inlet; and 

(b) East of New River Inlet (See 33 CFR 
334.440 (a) and (d); Contact Commanding 
General, Marine Corps Base, Camp 
Lejeune); 

(6) Brown's Inlet area between Bear Creek, Onslow 
Beach Bridge and the Atlantic Ocean (See 33 CFR 
334.440 (e); Contact Commanding General, 
Marine Corps Base, Camp Lejeune); 

(7) New River within eight sections: 

(a) Trap Bay Sector, 

(b) Courthouse Bay Sector, 

(c) Stone Bay Sector, 

(d) Stone Creek Sector, 

(e) Grey Point Sector, 
(0 Famell Bay Sector, 

(g) Morgan Bay Sector, and 

(h) Jacksonville Sector (See 33 CFR 
334.440(a); Contact Commanding General, 
Marine Corps Base, Camp Lejeune); 

(8) Cape Fear River due west of the main ship channel 
extending from U.S. Coast Guard Buoy No. 31 A 
at the north approach channel to Sunny Point 
Terminal to U.S. Coast Guard Buoy No. 23A at 
the south approach channel to Suimy Point Army 
Terminal and all waters of its tributaries therein 
(See 33 CFR 334.450 (a); Contact Commander, 
Suimy Point Area Terminal, Southport). 

History Note: Authority G.S. 113-134; 113-181; 113-182; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. March 1. 1994; July 1, 1993; September 1, 

1991; 

Recodified from 15A NCAC 3R .0002 Eff. December 17, 

1996; 

Amended Eff. Mm L 1997. 

.0103 PRIMARY NURSERY AREAS 

The primary nursery areas referenced in 15A NCAC 3N 
.0104 are delineated in the following coastal water areas: 
(1) In the Roanoke Sound Area: 
(a) Shallowbag Bay: 

(i) Dough Creek, northwest of a line 
beginning at a point on the east shore 
35= 54' 28" N - 75= 40' 00" W; 
running 242° (M) to a point on the 
west shore 35= 54' 19" N -- 75M0' 
09" W; 
(ii) Scarborough Creek, all waters south 
of a line beginning at a point on the 
east shore 35= 54' 00" N - 75° 39' 
33" W; ruiming 246= (M) to a point 
on the west shore 35= 53' 59" N — 
75= 39' 36" W. 



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(b) Broad Creek, north of a line beginning at a 

point on the east shore 35° 52' 24" N -- 75° 

38' 26" W; running 306° (M) to a point on 

the west shore 35° 52' 22" N -- 75° 38' 

30" W. 
(2) In the Northern Pamlico Sound Area: 
(a) Long Shoal River: 

(i) Long Shoal River, west of a line 
beginning at a point on the north 
shore 35° 38' 00" N - 75° 52' 57" 
W; running 208° (M) to a point on 
the south shore 35° 37' 47" N - 75° 
53' 03" W; 

(ii) Deep Creek, east of a line beginning 
at a point on the north shore 35 ° 37 ' 
50" N -- 75° 52' 14" W; running 
204° (M) to a point on the south 
shore 35° 37' 38" N - 75= 52' 18" 
W; 

(iii) Broad Creek, west of a line 
beginning at a point on the north 
shore 35° 35' 58" N - 75° 53' 42" 
W; running 209° (M) to a point on 
the south shore 35° 35' 40" N - 75° 
53'41"W; 

(iv) Muddy Creek, east of a line 
beginning at a point on the north 
shore 35° 36' 24" N - 75° 52' 08" 
W; running 181° (M) to a point on 
the south shore 35° 36' 15" N - 75° 
52' 10" W; 

(v) Pains Bay, north of a line beginning 
at a point on the west shore 35° 35' 
26" N - 75° 49' 12" W; running 
097° (M) to a point on the east shore 
35° 35' 26" N -75° 48' 50" W; 

(vi) Otter Creek, southwest of a line 
beginning at a point on the east shore 
35° 33' 12" N - 75° 54' 57" W; 
running 277° (M) to a point on the 
west shore 35° 33' 18" N - 75° 55' 
16" W; 

(vii) Clark Creek, northeast of a line 
beginning at a point on the north 
shore 33° 35' 47" N - 75° 51' 29" 
W; running 158° (M) to a point on 
the south shore 35° 35' 42" N - 75° 
5r27" W; 

(b) Far Creek, east of a line beginning at a 
point on Gibbs Point 35° 30' 06" N - 75° 
57' 46" W; running 007° (M) to a point on 
the east shore 35° 30' 53" N - 75° 57' 46" 
W; 

(c) Middletown Creek, west of a line beginning 
at a point on the north shore 35° 28' 27" N 
- 75° 59' 49" W; running 097° (M) to a 
point on the south shore 35° 28' 06" N - 



75° 59' 48" W; 

(d) Wy socking Bay: 

(i) Lone Tree Creek, east of a line 
beginning at a point on the south 
shore 35° 25' 06" N - 76° 02' 06" 
W; running 342° (M) to a point on 
the north shore 35° 25' 36" N - 76° 
02' 22" W; 

(ii) Wy socking Bay, north of a line 
beginning at a point on the east shore 
35° 25' 56" N - 76° 02' 55" W; 
running 265° (M) to a point on the 
west shore 35° 25' 47" N - 76° 03' 
42" W; 

(iii) Douglas Bay, northwest of a line 
beginning at a point on Mackey Point 
35° 25' 15" N - 76° 03' 15" W; 
running 229° (M) to a point on the 
south shore 35° 24' 48" N - 76° 03' 
39" W; 

(iv) Tributaries west of Brown Island, 
west of a line beginning at a point on 
the north shore of Brown Island 35° 
24' 12" N - 76° 04' 29" W; running 
007° (M) to a point 35° 24' 23" N - 
76° 04' 30" W; and north of a line 
beginning at a point on the most 
southern point of Brown Island 35° 
23' 48" N - 76° 04' 30" W; running 
277° (M) to a point on the west 
shore 35° 23' 36" N - 76° 04' 54" 
W; 

(e) East Bluff Bay, Harbor Creek east of a line 
beginning at a point on the south shore 35 ° 
21' 25" N - 76° 07' 48" W; running 323° 
(M) to a point on the north shore 35° 21' 
33" N -76° 07' 55" W; 

(0 Cunning Harbor tributaries, north of a line 
beginning at a point on the east shore 35° 
20' 42" N - 76° 12' 14" W; running 280° 
(M) to a point on the west shore 35° 20' 
43" N-76° 12'38" W; 
(g) Juniper Bay: 

(i) Upper Juniper Bay, north of a line 
beginning at a point on the east shore 
35° 23' 09" N - 76° 15' 00" W; 
running 277° (M) to a point on the 
west shore 35° 23' 09" N - 76° 15' 
12" W; 
(ii) Rattlesnake Creek, west of a line 
begiiming at a point on the north 
shore 35° 22' 55" N - 76° 15' 19" 
W, running 211° (M) to a point on 
the south shore 35° 22' 50" N - 76° 
15' 21" W; 
(iii) Buck Creek, east of a line beginning 
at a point on the south shore 35° 21' 



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APPROVED RULES 



22" N - 76' 13' 46" W; running 
328° (M) to a point on the north 
shore 35° 21' 29" N - 76° 13' 54" 
W; 
(iv) Laurel Creek, east of a line 
beginning at a point on the north 
shore 35° 20' 38" N - 76° 13' 21" 
W; running 170° (M) to a point on 
the south shore 35° 20' 36" N - 76° 
13' 22" W; 
(v) Old Haulover, west of a line 
beginning on the south shore 35° 21 ' 
58" N - 76' 15' 34" W; njnning 
008° (M) to a point on the north 
shore 35° 22' 04" N -76° 15' 35" 
W; 
(h) Swanquarter Bay: 

(i) Upper Swanquarter Bay, north of a 
line beginning on the east shore and 
running 270' (M) through Day 
Marker No. 7 to the west shore; 
(ii) Oyster Creek, east of a line 
beginning at a point on the north 
shore 35° 23' 09" N -- 76° 19' 00" 
W; running 187° (M) to a point on 
the south shore 35° 22' 59" N -- 76° 
18'56"W; 
(iii) Caffee Bay: 

(A) Unnamed tributary, north of a 
line beginning at a point on 
the west shore 35° 22' 09" N 
- 76° 18' 52" W; running 
111° (M) to a point on the 
east shore 35° 22' 06" N - 
76° 18' 45" W; 

(B) Unnamed tributary, north of a 
line beginning at a point on 
the east shore 35° 22' 05" N - 
76° 18' 12" W; rtinning 288° 
(M) to a point on the west 
shore 35° 22' 09" N -76° 18' 
28" W; 

(C) Upper Caffee Bay (Haulover), 
east of a line beginning at a 
point on the south shore 35° 
21' 42" N - 76° 17' 17" W; 
running 330° (M) to a point 
on the north shore 35° 21' 
55" N -76' 17' 25" W. 

(i) Rose Bay: 

(i) Rose Bay, north of a line begirming 
at a point on Watch Point 35° 26' 
52" N - 76° 25' 02" W; ninning 
272° (M) to Channel Marker No. 6; 
thence 248 (M) to a point on the 
west shore 35' 26' 40" N - 76° 25' 
30" W; 
(ii) Island Point Creek, west of a line 



beginning at a point on the north 
shore 35° 26' 03" N - 76° 25' 05" 
W; running 154° (M) to a point on 
the south shore 35' 25' 55" N - 76° 
25' 02" W; 

(iii) Tooley Creek, west of a line 
beginning on the north shore 35° 25' 
30" N - 76' 25' 34" W; running 
187° (M) to a point on the south 
shore 35° 25' 11" N -76° 25' 33" 
W; 

(iv) Broad Creek, east of a line beginning 
at a point on the south shore 35° 24' 
15" N - 76' 23' 36" W; rtinning 
023° (M) to a point 35' 24' 29" N - 
76° 23' 24" W; 

(v) Lightwood Snag Bay, west and north 
of a line begiiming at a point on the 
south shore 35' 23' 54" N - 76° 26' 
18" W running 023' (M) to a point 
35° 24' 15" N - 76' 26' 10" W; 
thence 080° (M) to a point 35° 24' 
18" N -76' 25' 57" W; 

(vi) Deep Bay: 

(A) Old Haulover, north of a line 
beginning at a point on the 
west shore 35° 23' 12" N - 
76° 22' 54" W; mnning 101° 
(M) to a point on the east 
shore 35' 23' 10" N -76° 22' 
45" W; 

(B) Drum Cove (Stinking Creek), 
south of a line beginning at a 
point on the west shore 35° 
22' 32" N - 76° 24' 44" W; 
running 122° (M) to a point 
on the east shore 35' 22' 26" 
N-76' 24' 28" W; 

(vii) Eastern tributaries (Cedar Hammock 
and Lx)ng Creek), east of a line 
beginning at a point on the north 
shore 35° 24' 53" N -76' 23' 12" 
W; running 206° (M) to a point on 
the south shore 35' 24' 40" N - 76' 
23' 18" W; 
(j) Spencer Bay: 

(i) German town Bay: 

(A) Ditch Creek, west of a line 
beginning at a point on the 
north shore 35' 24' 1 1" N - 
76° 27' 54" W; mnning 224' 
(M) to a point on the south 
shore 35' 24' 05" N - 76° 
27' 59" W; 

(B) Jenette Creek, west of a line 
beginning at a point on the 
north shore 35° 24' 32" N - 
76° 27' 35" W; rtinning 204° 



2225 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



(M) to a point on the south 
shore 35° 24' 24" N -76" 27' 
40" W; 

(C) Headwaters at northeast of a 
line beginning at a point on 
the northwest shore 35° 24' 
50" N - 76° 27' 17" W; 
running 158° (M) to a point 
on the southeast shore 35° 24' 
37" N-76° 26' 54" W; 

(D) Swan Creek, southeast of a 
line beginning at a point on 
the north shore 35° 24' 29" N 
- 76° 27' 11" W; running 
234° (M) to a point on the 
south shore 35° 24' 23" N - 
76° 27' 18" W; 

(ii) Unnamed western tributary, west of 
a line beginning at a point on the 
south shore 35° 22' 48" N -- 76° 28' 
19" W; running 356° (M) to a point 
on the north shore 35° 22' 59" N -- 
76° 28' 21" W; 

(iii) Unnamed tributary, west of a line 
beginning on the south shore 35 ° 23 ' 
02" N - 76= 28' 35" W; running 
016° (M) to a point on the north 
shore 35° 23' 08" N - 76° 28' 34" 
W; 

(iv) Unnamed tributary, west of a line 
begirming at a point on the south 
shore 35° 23' 20" N - 76° 28' 36" 
W; running 306° (M) to a point on 
the north shore 35° 23' 26" N - 76° 
28' 46" W; 

(v) Unnamed tributaries, northwest of a 
line begiiming at a point on the north 
shore 35° 23' 45" N - 76° 28' 36" 
W; running 231° (M) to a point on 
the south shore 35° 23' 30" N - 76° 
28' 48" W; 

(vi) Upper Spencer Bay, northwest of a 
line beginning at a point on the south 
shore 35° 24' GO" N - 76° 28' 48" 
W; running 028° (M) to a point on 
the north shore 35° 24' 23" N - 76° 
28' 36" W; 
(vii) Swan Creek, east of a line beginning 
at a point on the south shore 35 ° 23 ' 
51" N - 76° 27' 26" W; running 
018° (M) to a point on the north 
shore 35° 24' 02" N - 76° 27' 25" 
W; 
(k) Long Creek, north of a line begirming at a 

point on the west shore 35° 22' 26" N - 76° 

29' 00" W; running 1 19° (M) to a point on 

the east shore 35° 22' 21" N - 76° 28' 49" 



W; 
(1) Willow Creek, east of a line begirming at a 
point on the north shore 35° 23' 08" N - 
76° 29' 54" W; running 137° (M) to a 
point on the south shore 35° 23' 02" N - 
76° 29' 46" W; 
(m) Abels Bay, above a line begiiming at a point 
on the west shore 35° 24' 06" N - 76° 30' 
24" W; running 132° (M) to a point on the 
east shore 35° 24' 00" N - 76° 30' 09" W; 
thence 204° (M) to a point on the south 
shore 35° 23' 42" N -- 76° 30' 14" W; 
(n) Crooked Creek, north of a line beginning at 
a point on the east shore 35° 24' 24" N - 
76° 32' 04" W; running 282° (M) to a 
point on the west shore 35° 24' 25" N - 76° 
32' 14" W. 
(3) In the Pungo River Area: 
(a) Fortescue Creek: 

(i) Headwaters of Fortescue Creek, 
southeast of a line beginning at a 
point on the southwest shore 35° 25' 
26" N - 76° 30' 42" W; running 
060° (M) to a point on the northeast 
shore 35° 25' 30" N -- 76° 30' 33" 
W; 
(ii) Warner Creek, north of a line from a 
point on the east shore 35° 26' 18" 
N - 76° 31' 30" W; running 262° 
(M) to a point on the west shore 35° 
26' 16" N -76° 31' 36" W; 
(iii) Island Creek, north of a line 
beginning at a point on the west 
shore 35° 26' 04" N - 76° 32' 22" 
W; running 093° (M) to a point on 
the east shore 35° 26' 06" N - 76° 
32' 18" W; 
(iv) Dixon Creek, south of a line 
beginning at a point above Lupton 
Point 35= 25' 34" N -76° 31' 54" 
W; running 279° (M) to a point on 
the west shore 35° 25' 35" N - 76° 
31' 44" W; 
(v) Pasture Creek, north of a line 
beginning at a point on the east shore 
35° 26' 02" N - 76° 31' 50" W; 
running 277° (M) to a point above 
Pasture Point 35° 25' 56" N - 76° 
31'55" W; 
(vi) Cox, Snell, and Seer Creeks, 
northeast of a line beginning at a 
point on the north shore 35° 26' 05" 
N - 76° 31' 12" W; running 134° 
(M) to a point on the south shore 
35° 25' 51" N-76° 30' 53" W; 
(vii) Unnamed tributary on the north side 
of Fortescue Creek northeast of a line 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2226 



APPROVED RULES 



beginning at a point on the north 
shore 35= 24' 48" N - 76= 30' 49" 
W; running 144^ (M) to a point on 
the south shore 35' 25' 44" N -- 76" 
30' 44" W; 
(viii) Runway Creek, northeast of a line 
beginning at point on the north shore 
35= 25' 40" N - 76= 30' 41" W; 
running 148= (M) to a point on the 
south shore 35= 25' 35" N - 76= 30' 
36" W; 
(b) Slade Creek: 

(i) Slade Creek, south of a line 
beginning at a point above Jones 
Creek 35" 27' 56" N - 76= 30' 44" 
W; running 102= (M) to a point on 
the north shore 35 = 27 ' 54 " N -- 76 = 
30' 33" W; 

(ii) Jarvis Creek, nonheast of a line 
beginning at a point on the 
southeastern shore 35" 28' 14" N -- 
76= 30' 51" W; running 325" (M) to 
a point 35" 28' 15" N - 76= 30' 56" 
W; 

(iii) Jones Creek, south of a line 
beginning at a point on the east shore 
35= 27' 56" N -- 76= 30' 53" W; 
running 331 = (M) to a point on the 
west shore 35= 28' 00" N -- 76" 30' 
57" W; 

(iv) Becky Creek, north of a line 
beginning at a point on the east shore 
35" 28' 42" N -- 76" 31' 37" W; 
running 277" (M) to a point on the 
west shore 35" 28' 42" N -- 76" 31' 
40" W; 

(v) Neal Creek, north of a line beginning 
at a point on the east shore 35= 28' 
49" N -- 76= 31' 49" W; running 
275" (M) to a point on the west 
shore 35= 28' 48" N -76° 31' 54" 
W; 

(vi) Wood Creek, north of a line 
beginning at a point on the east shore 
35^" 28' 38" N - 76" 32' 22" W; 
running 277" (M) to a point on the 
west shore 35" 28' 38" N - 76" 32' 
30" W; 
(vii) Spellman Creek, north of a line 
beginning at a point on the east shore 
35" 28' 17" N -- 76" 32' 41" W; 
running 215" (M) to a point on the 
west shore 35= 28' 14" N - 76" 32' 
43" W; 
(viii) Speer Creek, east of a line beginning 
at a point on the north shore 35= 27' 
58" N -- 76= 32' 24" W; running 
207" (M) to a point on the south 



shore 35= 27' 55" N - 76= 32' 24" 
W; 
(ix) Church Creek and Speer Gut, east of 
a line beginning at a point on the 
northeast shore 35= 27' 35" N - 76 = 
32' 46" W; running 228" (M) to a 
point on the southwest shore 35" 27' 
33" N -76" 32' 52" W; 
(x) Allison and Foeman Creek, south of 
a line beginning at a point on 
Parmalee Point 35= 27' 15" N - 76° 
33' 07" W; running 286= (M) to a 
point on the southwest shore 35= 27' 
18" N -76= 33' 12" W; 

(c) Flax Pond, west of a line beginning at a 
point on the south shore 35= 31' 53" N - 
76° 33' 15" W; running 009= (M) to a 
point on the north shore 35= 31' 59" N - 
76° 33' 13" W; 

(d) Battalina and Tooleys Creeks, northwest of 
a line beginning at a point on the north 
shore 35= 32' 22" N - 76° 36' 08" W; 
running 226" (M) to a point on the south 
shore 35° 32' 03" N - 76" 36' 22" W; 

(4) In the Pamlico River Area: 
(a) North Creek: 

(i) North Creek, north of a line 
beginning at a point on the west 
shore 35= 25' 35" N - 76= 40' 06" 
W; running 048= (M) to a point on 
the east shore 35= 25' 40" N - 76 = 
40' 01" W; 
(ii) East Fork: 

(A) Northeast of a line beginning 
at a point on the northwest 
shore 35= 25' 47" N - 76" 
39' 18" W; running 144= (M) 
to a point on the southeast 
shore 35" 25' 41" N - 76" 
39' 10" W; 

(B) Unnamed tributary of East 
Fork northwest of a line 
begiiming at a point on the 
north shore 35= 25' 41" N - 
76" 39' 28" W; running 215 = 
(M) to a point on the south 
shore 35" 25' 37" N - 76" 39' 
30" W; 

(iii) Frying Pan Creek, east of a line 
beginning at a point on Chambers 
Point 35= 24' 49" N - 76= 39' 44" 
W; running 051 = (M) to a point on 
the north shore 35= 24' 57" N - 76 = 
39' 37" W; 

(iv) Little East Creek, west of a line 
beginning at a point on Cousin Point 
35" 25' 00" N - 76° 40' 26" W; 
running 028= (M) to a point on the 



2227 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



\ 



north shore 35" 25' 08" N - 76° 40' 
22" W; 
(b) Goose Creek: 

(i) Creek north of Bostic Point, west of 
a line beginning at a point on the 
north shore 35° 19' 57" N - 76° 37' 
37" W; running 179° (M) to a point 
on the south shore 35° 19' 54" N -- 
76° 37' 34" W; 
(ii) Upper Spring Creek: 

(A) Headwaters of Upper Spring 
Creek, east of a line beginning 
at a point on the north shore 
35° 16' 23" N -76° 36' 03" 
W; running 139° (M) to a 
point on the south shore 35° 
16' 12" N-76° 36'01" W; 

(B) Unnamed tributary, north of a 
line beginning at a point on 
the west shore 35° 16' 50" N 

- 76° 36' 27" W; running 
099° (M) to a point on the 
east shore 35° 16' 50" N -- 
76° 36' 24" W; 

(iii) Eastham Creek: 

(A) Slade Landing Creek, south of 
a line beginning at a point on 
the west shore 35° 17' 32" N 

- 76° 35' 59" W; running 
139° (M) to a point on the 
east shore 35° 17' 29" N -- 
76° 35' 54" W; 

(B) Mallard Creek, north of a line 
beginning at a point on the 
west shore 35° 17' 49" N -- 
76° 36' 09" W; running 122° 
(M) to a point on the east 
shore 35° 17' 47" N -- 76° 
36' 04" W; 

(iv) Mud Gut, north and east of a line 
beginning at a point on the south 
shore 35° 17' 48" N - 76° 36' 46" 
W; running 349° (M) to a point on 
the north shore 35 17' 52" N -- 76° 
36' 48" W; 

(v) Wilkerson Creek, east of a line 
beginning at a point on the south 
shore 35° 18' 20" N -76° 36' 44" 
W; running 025° (M) to a point on 
the north shore 35° 18' 23" N -- 76° 
36' 45" W; 

(vi) Dixon Creek, east of a line beginning 
at a point on the north shore 35° 18' 
53" N - 76° 36' 37" W; running 
205° (M) to a point on the south 
shore 35° 18' 37" N - 76° 36' 42" 
W; 



(c) Oyster Creek; Middle Prong: 
(i) Oyster Creek: 

(A) West of a line beginning at a 
point on the north shore 35° 
19' 29" N - 76° 34' 02" W; 
running 166° (M) to a point 
on the south shore 35° 19' 
25" N -76° 34' 00" W; 

(B) Duck Creek, south of a line 
beginning at a point on the 
west shore 35° 19' 06" N - 
76° 33' 18" W; running 055° 
(M) to a point on the east 
shore 35° 19' 10" N - 76° 
33' 12" W; 

(ii) James Creek, southwest of a line 
begiiming at a point on the north 
shore 35° 18' 36" N - 76° 32' 20" 
W; running 136° (M) to a point on 
the southeast shore 35° 18' 28" N - 
76° 32' 05" W; 

(iii) Middle Prong, south of a line 
begirming at a point on the west 
shore 35° 17' 56" N -76° 31' 58" 
W; running 141° (M) to a point on 
the east shore 35° 17' 44" N - 76° 
31'55" W; 

(iv) Clark Creek: 

(A) Headwaters of Clark Creek, 
southeast of a line begirming 
at a point on the southwest 
shore 35° 18' 06" N - 76° 
31' 12" W; running 056° (M) 
to a point on the northeast 
shore 35° 18' 12" N - 76° 
31' 06" W; 

(B) Boat Creek, east of a line 
beginning at a point of the 
south shore 35° 18' 24" N - 
76° 31' 16" W; running 358° 
(M) to a point on the north 
shore 35° 18' 32" N -76° 31' 
18" W; 

(5) In the Western Pamlico Sound Area: 
(a) Mouse Harbor: 

(i) Long Creek, north of a line 
beginning at a point on the west 
shore 35° 18' 26" N - 76° 29' 48" 
W; running 070° (M) to a point on 
the east shore 35° 18' 30" N - 76° 
29' 37" W; 
(ii) Small tributary east of Long Creek, 
northeast of a line beginning at a 
point on the west shore 35° 18' 31 " 
N - 76° 29' 13" W; running 137° 
(M) to a point on the east shore 35 ° 
18' 28" N - 76° 29' 10" W; 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2228 



APPROVED RULES 



(iii) Cedar Creek and adjacent tributary, 
south of a line beginning at a point 
on the west shore 35 16' 54 " N — 
76- 29' 53" W; running 136 (M) to 
a point on the east shore 35 " 16' 39 ' 
N-76 29'31"W; 

(b) Big Porpoise Bay, west of a line beginning 
at a point on the north shore 35 15' 44" N 
- 76 29' 29" W; running 154' (M) to a 
point on the south shore 35 15' 38" N -- 
76 29' 19" W; 

(c) Middle Bay, west of a line beginning at a 
point on the south shore 35 14' 22" N — 
76' 31' 14" W; running 055' (M) to a 
point on the nonh shore 35 14' 36" N - 
76- 30' 50" W; 

Little Oyster Creek, north of a line 
beginning at a point on the west shore 35-' 
14' 28" N - 76 30' 14" W; running 074" 
(M) to a point on the east shore 35 14' 35" 
N - 76 29' 59" W; 

(d) Jones Bay, west of the IWW: 

(i) Little Drum Creek/Little Eve Creek, 
two small tributaries on the south 
shore at the mouth of Jones Bay, 
south of a line beginning at a point 
on the west shore 35 12' 26" N - 
76- 31' 46" W; running 104' (M) to 
a point on the east shore 35 - 1 2 ' 20 " 
N -76- 31' 16" W; 

(ii) Ditch Creek, south of a line 
beginning at a point on the west 
shore 35^ 13' 21" N -76' 33' 40" 
W; running 115' (M) to a point on 
the east shore 35' 13' 14" N - 76' 
33' 14" W; 

(iii) Lambert Creek, west of a line 
beginning at a point on the south 
shore 35' 13' 48" N - 76' 34' 18" 
W; running 016' (M) to a point on 
the north shore 35' 13' 53" N - 76' 
34' 20" W; 

(iv) Headwaters of Jones Bay, (west of 
the IWW), west of a line beginning 
at a point on the south shore 35 ' 14' 
23" N - 76' 35' 27" W; running 
(X)9' (M) to a point on the north 
shore at 35' 14' 29" N - 76' 35' 
26" W; 
(v) Bills Creek, north of a line begirming 
at a point on the west shore 35' 14' 
29" N - 76' 34' 47" W; running 
150' (M) to a point on the east shore 
35' 14' 26" N -76' 34' 43" W; 

(vi) Doll Creek, north of a line begirming 
at a point on the west shore 35 ' 14' 
20" N - 76' 34' 14" W; running 
129' (M) to a point on the east shore 



35 14' 15" N -76 34' 04" W; 
(vii) Drum Creek, north of a line 
beginning at a point on the west 
shore 35 14' 10" N -76" 33' 17" 
W; running 1 16 (M) to a point on 
the east shore 35 14' 08" N - 76" 
33' 05" W. 
(6) In the Bay River Area: 

(a) Mason Creek, southeast of a line beginning 
at a point on the southwest shore 35" 08' 
08" N-76 41' 42" W; running 041' (M) 
to a point on the east shore 35° 08' 16" N 
- 76' 41' 32" W; 

(b) Moore Creek, southeast of a line beginning 
at a point on the southwest shore 35" 08' 
52" N-76 40' 18" W; running 032' (M) 
to a point on the north shore 35 08' 57" N 
-76' 40' 13" W; 

(c) Small tributaries from Bell Point to Ball 
Creek: 

(i) Tributary west of Bell Point south of 
a line beginning at a point on the 
west shore 35' 09' 57" N - 76' 39' 
25 " W; running 082' (M) to a point 
on the east shore 35' 10' 00" N - 
76 39' 21" W; 
(ii) Little Pasture Creek, south of a line 
beginning at a point on the west 
shore 35 09' 52" N - 76' 39' 10" 
W; running 139° (M) to a point on 
the east shore 35' 09' 49" N - 76° 
39' 06" W; 
(iii) Rice Creek, south of a line beginning 
at a point on the west shore 35' 09' 
46" N - 76' 38' 59" W; running 
122" (M) to a point on the east shore 
35' 09' 43" N-76' 38' 53" W; 

(d) Ball Creek-Cabin Creek, south of a line 
beginning at a point on the west shore 35° 
09' 39" N -76° 38' 01" W; running 116° 
(M) to a point on the east shore 35' 09' 32" 
N -76' 37' 37" W; 

(e) Bonner Bay: 

(i) Riggs Creek, west of a line 
beginning at a point on the north 
shore 35' 09' 24" N - 76° 36' 15" 
W; running 156' (M) to a point on 
the south shore 35' 09' 13" N - 76° 
36'07" W; 
(ii) Spring Creek, west of a line 
begiiming at a point on the north 
shore 35' 08' 29" N - 76° 36' 12" 
W; running 165' (M) to a point on 
the south shore 35' 08' 19" N - 76° 
36' 06" W; 
(iii) Bryan Creek, south of a line 
beginning at a point on the west 
shore 35' 08' 22" N - 76° 35' 53" 



2229 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



} 



► 



W; running 069" (M) to a point on 
the east shore 35° 08' 25" N - 76° 
35' 43" W; 

(iv) Dipping Vat Creek, east of a line 
beginning at a point on the north 
shore 35° 09' 17" N - 76° 34' 21" 
W; running 164° (M) to a point on 
the south shore 35° 09' 09" N -- 76° 
34' 18" W; 

(v) Long Creek, south of a line 
beginning at a point on the west 
shore 35° 08' 12" N - 76° 34' 38" 
W; running 098° (M) to a point on 
the east shore 35° 08' 12" N - 76° 
34' 30" W; 

(vi) Small tributary off Long Creek, west 
of a line beginning at a point on the 
north shore 35° 08' 30" N - 76° 34' 
42" W; running 164° (M) to a point 
on the south shore 35° 08' 24" N -- 
76° 34' 38" W; 
(0 Rock Hole Bay, northeast of a line 

beginning at a point on the west shore 35° 

11' 39" N -- 76° 32' 36" W; running 150° 

(M) to a point on the east shore 35 ° 11' 14 " 

N-76° 32' 13" W; 
(g) Dump Creek, north of a line beginning at a 

point on the west shore 35° 11' 42" N -- 

76° 33' 27" W; running 057° (M) to a 

point on the east shore 35° 11 ' 48" N -- 76° 

33' 20" W; 
(h) Tributaries east of I WW at Gales Creek: 

(i) Raccoon Creek, east of a line 
beginning at a point on the north 
shore 35° 12' 54" N - 76° 35' 31" 
W; running 158° (M) to a point on 
the south shore 35° 12' 39" N - 76° 
35' 20" W; 

(ii) Ditch Creek, east of a line beginning 
at a point on the north shore 35° 12' 
26" N -- 76° 35' 06" W; running 
164° (M) to a point on the south 
shore 35° 12' 20" N - 76° 35' 04" 
W; 

(iii) Jumpover Creek, west of a line 
beginning at a point on the north 
shore 35° 13' 17" N - 76° 35' 35" 
W; running 198° (M) to a point on 
the south shore 35° 13' 07" N - 76° 
35' 38" W; 
(i) Gales Creek and adjacent tributary: 

(i) Gales Creek, west of a line beginning 
at a point on the north shore 35° 12' 
54" N - 76° 35' 44" W; running 
190° (M) to a point on the south 
shore 35° 12' 47" N - 76° 35' 42" 
W; 



(ii) Whealton and Tar Creeks, west of a 
line beginning at a point on the north 
shore 35° 12' 42" N -- 76° 35' 36" 
W; running 171° (M) to a point on 
the south shore 35° 12' 25" N - 76° 
35' 25" W; 
(j) Chadwick Creek and No Jacket Creek, 
north of a line beginning at a point on the 
west shore 35° 11' 56" N -- 76° 35' 53" 
W; nmning 079° (M) to a point on the east 
shore 35° 12' 03" N - 76° 35' 29" W; 
(k) Bear Creek, north of a line beginning at a 
point on the west shore 35° 11' 35" N - 
76° 36' 22" W; running 037° (M) to a 
point on the east shore 35° 11 ' 44 " N -- 76° 
36' 15" W; 
(1) Little Bear Creek, north of a line beginning 
at a point on the west shore 35° 11 ' 06" N 
-- 76° 36' 20" W; running 045° (M) to a 
point on the east shore 35° 11' 16" N - 76° 
36' 07" W; 
(m) Tributaries to Bay River from Petty Point to 
Sanders Point: 

(i) Oyster Creek, north of a line 
beginning at a point on the west 
shore 35° 10' 48" N - 76° 36' 43" 
W; running 061° (M) to a point on 
the east shore 35° 10' 56" N - 76° 
36' 31" W; 
(ii) Potter Creek, north of a line 
begiiming at a point on the west 
shore 35° 10' 43" N -76° 37' 06" 
W; running 063° (M) to a point on 
the east shore 35° 10' 48" N - 76° 
37' 00" W; 
(iii) Barnes and Gascon Creeks, north of 
a line begiiming at a point on the 
west shore 35° 10' 36" N - 76° 37' 
19" W; running 066° (M) to a point 
on the east shore 35° 10' 42" N - 
76° 37' 13" W; 
(iv) Harris Creek, north of a line 
beginning at a point on the west 
shore 35° 10' 33" N -76° 37' 34" 
W; running 064° (M) to a point on 
the east shore 35° 10' 35" N - 76° 
37' 29" W; 
(v) Mesic Creek, north of a line 
begiiming at a point on the west 
shore 35° 10' 29" N - 76° 37' 58" 
W; running 076° (M) to a point on 
the east shore 35° 10' 30" N - 76° 
37' 54" W; 
(n) In Vandemere Creek: 

(i) Cedar Creek, north of a line 
beginning at a point on the west 
shore 35° 11' 12" N - 76° 39' 36" 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2230 



APPROVED RULES 



W; running 078" (M) to a point on 
the east shore 35° 1 1' 13" N - 76" 
39' 32" W; 
(ii) Long Creek, east of a line beginning 
at a point on the north shore 35° 11' 
29" N - 76° 38' 48" W; running 
177° (M) to a point on the south 
shore 35° U' 24" N - 76" 38' 48" 
W; 
(iii) Little Vandemere Creek, north of a 
line beginning at a point on the west 
shore 35° 12' 09" N - 76° 39' 25" 
W; running 120° (M) to a point on 
the east shore 35° 12' 06" W - 76° 
39' 12" W; 
(o) Smith Creek, north of a line beginning at a 
point on the west shore 35° 10' 23" N - 
76° 40' 15" W; running 054° (M) to a 
point on the east shore 35° 10' 27" N -- 76° 
40' 13" W; 
(p) Harper Creek, west of a line beginning at a 
point on the south shore 35° 09' 09" N -- 
76° 41' 54" W; running 024° (M) to a 
point on the north shore 35° 09' 15" N — 
76° 41'5r' W; 
(q) Chapel Creek, north of a line beginning at 
a point on the west shore 35° 08' 56" N -- 
76° 42' 52" W; running 076° (M) to a 
point on the east shore 35° 08' 58" N -- 76° 
42' 48" W; 
(r) Swindell Bay, south of a line beginning at a 
point on the west shore 35° 08' 14" N -- 
76° 42' 58" W; running 135° (M) to a 
point on the east shore 35° 08' 11 " N -- 76° 
42' 48" W. 
(7) In the Neuse River Area North Shore: 

(a) Swan Creek, west of a line beginning at a 
point on the north shore 35° 06' 46" N ~ 
76° 33' 41" W; running 042° (M) to a 
point on the south shore 35° 06' 18" N -- 
76° 34' 02" W; 

(b) Broad Creek: 

(i) Greens Creek, east of a line 
beginning at a point on the north 
shore 35° 06' 05" N - 76° 35' 28" 
W; running 154° (M) to a point on 
the south shore 35° 06' 00" N -- 76° 
35' 24" W; 
(ii) Pittman Creek, nonh of a line 
beginning at a point on the west 
shore 35° 05' 48" N - 76° 36' 10" 
W; running 068° (M) to a point on 
the east shore 35° 05' 54" N -- 76° 
36' 02" W; 
(iii) Burton Creek, west of a line 
beginning at a point on the south 
shore 35° 05' 37" N -- 76° 36' 32" 
W; running 034° (M) to a point on 



the north shore 35° 05' 43" N -- 76° 
36' 30" W; 

(iv) All tributaries on the north shore of 
Broad Creek, north of a line 
beginning at a point on the west 
shore of the western most tributary 
35° 05' 38" N - 76° 37' 49" W; 
running 109° (M) to a point on the 
east shore of the eastern most 
tributary 35° 05' 27" N -- 76° 36' 
47" W; 

(v) Brown Creek, northwest of a line 
beginning at a point on the southwest 
shore 35° 05' 30" N -- 76° 37' 51" 
W; running 032° (M) to a point on 
the northeast shore 35° 05' 37" N -- 
76° 37' 48" W; 

(vi) Broad Creek including Gideon 
Creek, west of a line beginning at a 
point on the south shore 35° 05' 18" 
N -- 76° 37' 49" W; running 013° 
(M) to a point on the north shore 35 ° 
05' 30" N--76° 37'5r' W; 
(vii) Tar Creek, south of a line begirming 
at a point on the west shore 35° 05' 
18" N -- 76° 37' 38" W; running 
097° (M) to a point on the east shore 
35° 05' 18" N--76° 37' 28" W; 
(viii) Tributary east of Tar Creek, south of 
a line beginning at a point on the 
west shore 35° 05' 18" N -- 76° 37' 
03" W; running 108° (M) to a point 
on the east shore 35° 05' 17" N - 
76° 36' 49" W; 

(ix) Tributary east of Tar Creek, south of 
a line beginning at a point on the 
west shore 35° 05' 15" N -- 76° 36' 
46" W; running 1 14° (M) to a point 
on the east shore 35° 05' 15" N - 
76° 36' 39" W; 

(x) Parris Creek, south of a line 
beginning at a point on the west 
shore 35° 05' 15" N - 76° 36' 34" 
W; running 123° (M) to a point on 
the east shore 35° 05' 12" N - 76° 
36' 27" W; 

(xi) Mill Creek and Cedar Creek, south 
of a line beginning at a point on the 
west shore of Mill Creek 35° 05' 26" 
N -- 76° 36' 02" W; running 109° 
(M) to a point on the east shore of 
the eastern tributary 35° 05' 22" N -- 
76° 35' 36" W; 
(c) Orchard Creek north of a line beginning at 

a point on the west shore 35 ° 03 ' 21" N — 

76° 38' 26" W; running 061° (M) to a 

point on the east shore 35° 03' 37" N -- 76° 

37' 58" W; 



2231 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



) 



(d) Pierce Creek, north of a line beginning at a 
point on the west shore 35° 02' 29" N — 
76° 40' 07" W; running 083° (M) to a 
point on the east shore 35° 02' 31 " N -- 76° 
40'01"W; 

(e) Whittaker Creek, north of a line beginning 
at a point on the west shore 35° 01' 37" N 
-- 76° 41' 12" W; running 095° (M) to a 
point on the east shore 35° 01 ' 37 " N -- 76° 
40' 58" W; 

(f) Oriental: 

(i) Smith and Morris Creek, north of a 
line beginning at a point on the west 
shore 35° 02' 15" N -76° 42' 19" 
W; running 096° (M) to a point on 
the east shore 35° 02' 16" N - 76° 
42' 12" W; 
(ii) Tributary off Smith Creek west, west 
of a line beginning at a point on the 
north shore 35 ' 02' 10" N - 76° 42' 
19" W; running 186° (M) to a point 
on the south shore 35° 02' 08" N - 
76° 42' 19" W; 

(iii) Tributary off Smith Creek, east, east 
of a line beginning at a point on the 
south shore 35° 02' 06" N - 76° 42' 
12" W; running 026° (M) to a point 
on the north shore 35° 02' 08" N -- 
76° 42' U" W; 

(iv) Creek west of Dewey Point, north of 
a line beginning at a point on the 
west shore 35° 01' 34" N - 76° 42' 
35" W; miming 049° (M) to a point 
on the west shore 35° 01' 36" N - 
76° 42' 32" W; 
(v) Tributary on the south shore of 
Greens Creek, south of a line 
beginning at a point on the west 
shore 35° 01' 25" N - 76° 42' 49" 
W; running 1 15 (M) to a point on 
the east shore 35° 01' 24" N -- 76° 
42' 43" W; Tributary on the south 
shore of Greens Creek south of a line 
beginning at a point on the west 
shore 35° or 23" N - 76° 42' 31" 
W; running 113° (M) to a point on 
the east shore 35° 01' 20" N - 76° 
42' 27" W; 

(vi) Greens Creek, west of a line 
beginning at a point on the north 
shore 35° 01' 34" N - 76° 43' 02" 
W; running 154° (M) to a point on 
the south shore 35 ° 01 ' 28" N - 76° 
42' 57" W; 

(vii) Kershaw Creek, north of a line 
beginning at a point on the west 
shore 35° 01' 34" N - 76° 43' 02" 



W; running 070° (M) to a point on 
the east shore 35° 01' 38" N -- 76° 
42' 53" W; 
(viii) Windmill Point, southwest of a line 
begiiming at a point on the northwest 
shore 35° 01' 11" N -76° 42' 18" 
W; running 130° (M) to a point on 
the southeast shore 35° 01' 09" N - 
76° 42' 14" W. 
(g) Dawson Creek: 

(i) Uimamed eastern tributary of 

Dawson Creek, east of a line 

begiiming at a point on the north 

shore 35° 00' 12" N - 76° 45' 19" 

W; running 155° (M) to a point on 

the south shore 35° 00' 07" N - 76° 

45' 15" W; 

(ii) Urmamed tributary of Dawson Creek 

(at mouth), south of a line beginning 

at a point on the east shore 34° 59' 

39" N - 76° 45' 09" W; running 

256° (M) to a point on the south 

shore 34° 59' 38" N - 76° 45' 14" 

W; 

(h) Beard Creek tributary, southeast of a line 

beginning at a point on the north shore 35 ° 

00' 18" N-76° 51' 54" W; running 214° 

(M) to a point on the southwest shore 35° 

00' 10" N -76° 52' 00" W. 

(8) In the Neuse River Area South Shore: 

(a) Clubfoot Creek, south of a line begiiming at 
a point on the west shore 34° 52' 15" N — 
76° 45' 48" W; running 095° (M) to a 
point on the east shore 34° 52' 15" N — 76° 
45' 36" W: 

(i) Mitchell Creek, west of a line 
begiiming at a point on the south 
shore 34° 54' 15" N -76° 45' 51" 
W; running 021° (M) to a point on 
the north shore 34° 54' 25" N - 76° 
45' 48" W; 

(ii) Gulden Creek, east of a line 
beginning at a point on the south 
shore 34° 54' 04" N - 76° 45' 31" 
W; running 032° (M) to a point on 
the north shore 34° 54' 12" N - 76° 
45' 29" W; 

(b) Adams Creek: 

(i) Godfrey Creek, southwest of a line 
beginning at a point on the northwest 
shore 34° 57' 18" N - 76° 41' 08" 
W; running 151° (M) to a point on 
the south shore 34° 57' 16" N - 76° 
41' 05" W; 

(ii) Delamar Creek, southwest of a line 
beginning at a point on the northwest 
shore 34° 57' 02" N - 76° 40' 45" 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2232 



APPROVED RULES 



W; running 138' (M) to a point on 
the south shore 34 57' 00" N -- 76° 
40' 43" W; 

(iii) Kellum Creek, west of a line 
beginning at a point on the north 
shore 34= 55' 28" N -- 76° 39' 52" 
W; running 160° (M) to a point on 
the south shore 34' 55' 25" N -- 76° 
39' 50" W; 

(iv) Kearney Creek and unnamed 
tributary north, west of a line 
beginning at a point on the north 
shore of the north creek 34° 55' 09" 
N - 76° 40' 00" W; running 194° 
(M) to a point on the south shore of 
Kearney Creek 34° 54' 58" N - 76° 
40' 01" W; 

(v) Isaac Creek, southeast of a line 
beginning at a point on the west 
shore 34° 54' 16" N - 76° 40' 07" 
W; running 102° (M) to a point on 
the east shore 34° 54' 15" N -- 76° 
40' 02" W; 

(vi) Back Creek, south of a line 
beginning at a point on the west 
shore 34° 54' 33" N - 76° 39' 43" 
W; running 059° (M) to a point on 
the east shore 34° 54' 38" N -- 76° 
39' 33" W; 
(vii) Cedar Creek, south of a line 
beginning at a point on the west 
shore 34= 55' 45" N -- 76° 38' 38" 
W; running 095= (M) to a point on 
the east shore 34° 55' 45" N - 76° 
38' 32" W; 
(viii) Jonaquin Creek, north of a line 
beginning at a point on the west 
shore 34= 56' 06" N -- 76= 38' 32" 
W; running 095= (M) to a point on 
the east shore 34= 56' 06" N -- 76° 
38' 30" W; 

(ix) Dumpling Creek, east of a line 
begiiming at a point on the north 
shore 34= 56' 54" N - 76= 39' 33" 
W; running 142° (M) to a point on 
the south shore 34= 56' 52" N -- 76° 
39' 31" W; 

(x) Sandy Huss Creek, north of a line 
beginning at a point on the west 
shore 34= 57' 14" N -- 76° 39' 50" 
W; running 116° (M) to a point on 
the east shore 34° 57' 10" N -- 76° 
39' 43" W; 
(c) Garbacon Creek, south of a line beginning 

at a point on the west shore 34° 59' 00" N 

-- 76= 38' 34" W; running 097= (M) to a 

point on the east shore 34= 59' 00" N -- 76° 

38' 30" W; 



(d) South River: 

(i) Big Creek, southwest of a line 
beginning at a point on the northwest 
shore 34° 56' 55" N - 76° 35' 22" 
W; running 160° (M) to a point on 
the southeast shore 35° 56' 49" N - 
76= 35' 16" W; 
(ii) Horton Bay, north of a line 
beginning at a point on the west 
shore 34° 59' 08" N -76° 34' 44" 
W; running 088° (M) to a point on 
the west shore 34° 59' 11" N - 76° 
34' 30" W; 

(e) Brown Creek, south of a line beginning at a 
point on the west shore 34° 59' 51" N -- 
76° 33' 34" W; running 097° (M) to a 
point on the east shore 34° 59' 51" N — 76° 
33' 30" W; 

(f) Tumagain Bay: 

(i) Abraham Bay, west of a line 
beginning at a point on the north 
shore 35= 00' 09" N - 76° 30' 48" 
W; running 187° (M) to a point on 
the south shore 34= 59' 50" N - 76° 
30' 44" W; 
(ii) Broad Creek and adjacent tributary, 
west of a line from a point on the 
north shore 34° 59' 1 1 " N -- 76° 30' 
26" W; running 151= (M) to a point 
on the south shore 34° 58' 57" N -- 
76° 30' 08" W; 

(iii) Mulberry Point Creek, Tump Creek 
and adjacent tributary, east of a line 
beginning at a point on the north 
shore 35° 00' 28" N -- 76° 29' 47" 
W; running 166° (M) to a point on 
the south shore 34° 59' 40" N -- 76° 
29' 23" W; 

(iv) Deep Gut, east of a line begiiming at 
a point on the north shore 34° 59' 
35" N -- 76° 29' 03" W; running 
156° (M) to a point on the south 
shore 34° 59' 28" N -- 76° 28' 58" 
W; 
(v) Big Gut, southeast of a line 
begiiming at a point on the north 
shore 34° 59' 04" N - 76° 28' 44" 
W; running 219° (M) to a point on 
the south shore 34° 58' 55" N - 76° 
28' 44" W. 
(9) West Bay; Long Bay Area: 

(a) Fur Creek and Henrys Creek, west of a line 
beginning at a point on the north shore 34° 
56' 33" N - 76= 27' 42" W; running 156° 
(M) to a point on the south shore 34° 56' 
23" N --76° 27' 28" W; 

(b) Cadduggen Creek, west of a line beginning 
at a point on the north shore 34= 56' 26" N 



2233 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



> 



- 76° 23' 59" W; running 143° (M) to a 
point on the south shore 34° 56' 17" N -- 
76°23'4r'W. 
(10) Core Sound Area: 

(a) Cedar Island Bay, northwest of a line 
beginning at a point on the southwest shore 
34° 58' 58" N -- 76° 17' 55" W; running 
038° (M) through Beacon No. 6 to a point 
on the northeast shore 34° 59' 46" N -- 76° 
17' 23" W; 

(b) Lewis Creek, north of a line beginning at a 
point on the west shore 34° 56' 56" N — 
76° 16' 54" W; running 097° (M) to a 
point on the east shore 34° 56' 56" N — 76° 
16'51"W; 

(c) Thorofare Bay: 

(i) Tributary off upper Thorofare Bay, 
southwest of a line beginning at a 
point on the northwest shore 34° 55' 
27" N -- 76° 21' 28" W; running 
132° (M) to a point on the southeast 
shore 34° 55' 22" N -76° 21' 16" 
W; 
(ii) Barry's Bay, west of a line beginning 
at a point on the north shore 34° 54' 
30" N - 76° 20' 48" W; running 
155° (M) to a point on the south 
shore 34° 54' 24" N - 76° 20' 35" 
W; 

(d) Nelson Bay: 

(i) Willis Creek and Fulchers Creek, 
west of a line beginning at a point on 
the north shore of Willis Creek 34° 
51' 07" N - 76° 24' 36" W; running 
194° (M) to a point on the south 
shore of Fulchers Creek 34° 50' 09" 
N--76° 24'5r' W; 

(ii) Lewis Creek, west of a line 
beginning at a point on the south 
shore 34° 51' 44" N - 76° 24' 40" 
W; running 01 1 ° (M) to a point on 
the north shore 34° 51 ' 54" N - 76° 
24' 39" W; 

(e) Cedar Creek between Sea Level and 
Atlantic, west of a line beginning at a point 
on the south shore 34° 52' 00" N -- 76° 22' 
44" W; running 007° (M) to a point on the 
north shore 34° 52' 03" N - 76° 22' 44" 
W; 

(0 Oyster Creek, northwest of the Highway 70 

bridge; 
(g) Jarretts Bay Area: 

(i) Smyrna Creek, northwest of the 

Highway 70 bridge; 
(ii) Ditch Cove and adjacent tributary, 
east of a line beginning at a point on 
the north shore 34° 48' 00" N - 76° 



28' 26" W; running 017° (M) to a 
point on the south shore 34° 47' 35" 
N - 76° 28' 30" W; 

(iii) Broad Creek, north of a line 
beginning at a point on the west 
shore 34° 47' 53" N - 76° 29' 18" 
W; running 081° (M) to a point on 
the east shore 34° 47' 58" N - 76° 
28' 59" W; 

(iv) Howland Creek, northwest of a line 
begiiming at a point on the southwest 
shore 34° 47' 21" N - 76° 29' 53" 
W; running 050° (M) to a point on 
the northeast shore 34° 47' 26" N - 
76° 29' 47" W; 
(v) Great Creek, southeast of a line 
beginning at a point on the southwest 
shore 34° 47' 08" N - 76° 29' 12" 
W; running 053° (M) to a point on 
the northeast shore 34° 47' 17" N - 
76° 29' 02" W; 

(vi) Williston Creek, northwest of the 
Highway 70 bridge; 

(vii) Wade Creek, northwest of a line 
beginning at a point on the south 
shore 34° 46' 10" N - 76° 30' 22" 
W; running 042° (M) to a point on 
the north shore 34° 46' 17" N - 76° 
30' 17" W; 
(viii) Jump Run, north of a line beginning 
at a point on the west shore 34° 45' 
31" N - 76° 30' 26" W; running 
097° (M) to a point on the west 
shore 34° 45' 31" N - 76° 30' 21" 
W; 

(ix) Middens Creek, west of a line 
begiiming at a point on the south 
shore 34° 45' 23" N - 76° 30' 59" 
W; running 007° (M) to a point on 
the north shore 34° 45' 29" N - 76° 
30' 59" W; 

(x) Tusk Creek, northwest of a line 
beginning at a point on the southwest 
shore 34° 44' 37" N - 76° 30' 47" 
W; running 033° (M) to a point on 
the north shore 34° 44' 48" N - 76° 
30' 38" W; 

(xi) Creek west of Bells Island, west of a 
line beginning at a point on the north 
shore 34° 43' 56" N - 76° 30' 26" 
W; running 161° (M) to a point on 
the south shore 34° 43' 46" N - 76° 
30' 23" W. 
(11) Straits, North River, Newport River Area: 
(a) Straits: 

(i) Sleepy Creek, north of a line 
begiiming at a point on the west 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2234 



APPROVED RULES 



shore 34= 43' 21" N --76= 31' 32" 
W; running 096= (M) to a point on 
the east shore 34= 43' 21" N - 76 = 
31' 20" W; 
(ii) Whitehurst Creek, north of a line 
from a point on the west shore 34° 
43' 28" N - 76= 33' 22" W; running 
072= (M) to a point on the east 
shore 34= 43' 33" N - 76= 33' 13" 
W; 

(b) North River, north of Highway 70 bridge: 

(i) Ward Creek, north of Highway 70 
bridge: 

(A) North Leopard Creek, 
southeast of a line beginning 
at a point on the southwest 
shore 34= 45' 57" N - 76 = 
34'27" W; running 055" (M) 
to a point on the northeast 
shore 34= 46' 01" N - 76 = 
34' 19" W; 

(B) South Leopard Creek, 
southeast of a line beginning 
at a point on the southwest 
shore 34= 45' 29" N - 76 = 
34'47" W; running 057= (M) 
to a point on the northeast 
shore 34= 45' 33" N - 76° 
34' 40" W; 

(ii) Turner Creek (Gibbs Creek), west of 
a line beginning at a point on the 
south shore 34= 43' 23" N - 76= 37' 
43" W; running 012= (M) to a point 
on the north shore 34= 43' 30" N — 
76= 37' 40" W; 

(c) Newport River, west of a line beginning at 
a point at Lawton Point 34= 45' 41" N - 
76= 44' 03" W; running 356= (M) to a 
point on the north shore 34= 46' 34" N - 
76= 44' 18" W; 

(i) Russel Creek, north of a line 
beginning at a point on the west 
shore 34= 45' 36" N - 76= 39' 47" 
W; running 097= (M) to a point on 
the east shore 34= 45' 35" N - 76° 
39' 46" W; 
(ii) Ware Creek, northeast of a line 
beginning at a point on the northwest 
shore 34= 46' 28" N - 76= 40' 30" 
W; running 153= (M) to a point on 
the southeast shore 34= 46' 23" N ~ 
76= 40' 27" W; 
(iii) Bell Creek, northeast of a line 
beginning at a point on the northwest 
shore 34= 47' 19" N - 76= 40' 58" 
W; running 166= (M) to a point on 
the southeast shore 34= 47' 02" N - 
76= 40' 56" W; 



(iv) Eastman Creek, east of a line 
beginning at a point on the north 
shore 34= 47' 57" N - 76° 41' 04" 
W; running 184° (M) to a point on 
the south shore 34° 47' 47" N - 76° 
41' 04" W; 

(v) Oyster Creek, north of a line 
begirming at a point on the west 
shore 34= 46' 32" N - 76° 42' 32" 
W; running 080° (M) to a point on 
the east shore 34° 46' 37" N - 76° 
42' 14" W; 

(vi) Harlow Creek, north of a line 
beginning at a point on the west 
shore 34° 46' 40" N - 76° 43' 29" 
W; running 060° (M) to a point on 
the northeast shore 34° 46' 49" N — 
76= 43' 19" W; 
(vii) Calico Creek, west of a line 
beginning at a point on the north 
shore 34= 43' 42" N - 76° 43' 11" 
W; running 208° (M) to a point on 
the south shore 34= 43' 37" N - 76° 
43' 13" W; 
(viii) Crab Point Bay, northwest of a line 
beginning at a point on the southwest 
shore 34= 43' 54" N - 76° 43' 07" 
W; running 052° (M) to a point on 
the northeast shore 34° 44' 01" N — 
76= 43' 00" W. 
(12) Bogue Sound; Bogue Inlet Area: 

(a) Gales Creek, above the Highway 24 bridge; 

(b) Broad Creek, above the Highway 24 bridge; 

(c) Goose Creek, north of a line beginning at a 
point on the west shore 34° 41' 46" N — 
77= 00' 45" W; running 070° (M) to a 
point on the east shore 34° 41' 51 " N — 77° 
00' 32" W; 

(d) Archer Creek, west of a line beginning at a 
point on the north shore 34= 40' 27" N — 
77= 00' 47" W; running 186° (M) to a 
point on the south shore 34° 40' 22" N - 
77° 00' 47" W; 

(e) White Oak River, north of a line beginning 
at a point on the west shore 34° 45' 27" N 
- 77= 07' 39" W; running 095° (M) to a 
point on the east shore 34° 45' 27" N - 77° 
07' 07" W; 

(i) Pettiford Creek, east of a line 
beginning at a point on the north 
shore 34= 42' 51" N -77° 05' 24" 
W; running 175° (M) to a point on 
the south shore 34= 42' 37" N - 77° 
05' 20" W. 

(ii) Holland Mill Creek, west of a line 
beginning at a point on the north 
shore 34^= 43' 49" N - 77° 08' 02" 
W; running 184= (M) to a point on 



2235 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



39' 58" N--77° 

west of a line 
on the south 
- 77° 09' 39" 



the south shore 34° 43' 38" N - 77° 
08' 02" W. 
(0 Hawkins Creek, north of a line beginning at 

a point on the west shore 34° 41' 06" N - 

77° 07' 44" W; running 085° (M) to a 

point on the east shore 34° 41' 07" N - 77° 

07' 35" W; 
(g) Queen's Creek, north of country road 

number 1509 bridge: 

(i) Dick's Creek, west of a line 
beginning at a point on the south 
shore 34° 39' 55" N - 77° 09' 21" 
W; running 338° (M) to a point on 
the north shore 34 
09'21" W; 

(ii) Parrot Swamp, 

beginning at a point 

shore 34° 40' 22" N 

W; running 333° (M) to a point on 

the north shore 34° 40' 36" N -- 77° 

09' 48" W; 

(iii) Hall's Creek, east of a line beginning 
at a point on the south shore 34° 41' 
00" N -- 77° 09' 42" W; running 
337° (M) to a point on the north 
shore 34° 41' 06" N - 77° 09' 44" 
W; 
(h) Bear Creek, west of Willis Landing. 
(13) New River Area: 

(a) Salliers Bay area, all waters north and 
northwest of the IWW beginning at a point 
on Cedar Point 34° 32' 48" N - 77° 19' 
14" W to Beacon No. 58 34° 37' 56" N -- 
77° 12' 20" W including Howard Bay, Mile 
Hammock Bay, Salliers Bay, and Freeman 
Creek; 

(b) New River Inlet area (including Hellgate 
Creek and Ward's Channel), all waters 
south of the IWW from Beacon No. 65 34° 
32' 41" N -- 77° 18° 57" W to Beacon No. 
15 34° 31' 03" N - 77° 22' 18" W, 
excluding the marked New River Inlet 
Channel; 

(c) New River: 

(i) Trap's Bay, northeast of a line 
beginning at a point on the east shore 
34° 33' 47" N - 77° 20' 25" W; 
running 317° (M) to a point on the 
west shore 34° 34' 07" N - 77° 20' 
59" W; 
(ii) Courthouse Bay: 

(A) Tributary of Courthouse Bay, 
southeast of a line beginning 
at a point on Harvey's Point 
34° 34' 59" N --77° 22' 25" 
W; running 066° (M) to a 
point on the east shore 34° 



35' 05" N-77° 22' 11" W; 

(B) Tributary of Courthouse Bay, 
northwest of a line beginning 
at a point on the west shore 
34° 35' 02" N -77° 22' 40" 
W; running 057° (M) to a 
point on the east shore 34° 
35' 10" N -77° 22' 31" W; 

(C) Rufus Creek, east of a line 
begiiming at a point on 
Wilken's Bluff 34° 34' 19" N 
- 77° 21' 41" W; running 
002° (M) to a point on the 
north shore 34° 34' 27" N - 
77° 21' 41" W; 

(iii) Wheeler Creek, south of a line 
beginning at a point on Poverty Point 
34° 34' 04" N - 77° 23' 15" W; 
running 267° (M) to a point on the 
west shore 34° 34' 03" N - 77° 23' 
26" W; 

(iv) Fannie Creek, west of a line 
begiiming at a point on the south 
shore 34° 34' 07" N - 77° 23' 35" 
W; running 333° (M) to a point on 
the north shore 34° 34' 08" N - 77° 
23' 40" W; 
(v) Snead's Creek, northwest of a line 
beginning at a point on the east shore 
34° 35' 19" N - 77° 23' 31" W; 
running 219° (M) to a point on the 
west shore 34° 35' 17" N - 77° 23' 
34" W; 

(vi) Everette Creek, south of a line 
beginning at a point on the east shore 
34° 34' 13" N - 77° 24' 44" W; 
miming 273° (M) to a point on the 
west shore 34° 34' 12" N - 77° 24' 
49" W; 
(vii) Stone's Creek, southwest of a line 
beginning at a point on the southeast 
shore 34° 36' 34" N - 77° 26' 51" 
W; running 301° (M) to a point on 
the northwest shore 34° 36' 37" N — 
77° 26' 52" W; 
(viii) Muddy Creek, north of a line 
beginning at a point on the west 
shore 34° 36' 52" N - 77° 26' 38" 
W; running 087° (M) to a point on 
the east shore 34° 36' 52" N - 77° 
26' 37" W; 

(ix) Mill Creek, north of a line beginning 
at a point on the west shore 34° 37' 
11" N - 77° 25' 47" W; running 
109° (M) to a point on the east shore 
34° 37' 11" N-77° 25' 37" W; 

(x) Whitehurst Creek, west and south of 



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June 2, 1997 



2236 



APPROVED RULES 



a line beginning at a point on the 

south shore 34^ 38' 04" N - 77^ 22' 

37" W: running 280° (M) to a point 

on the north shore 34' 38' 04" N - 

77^ 22' 38" W; 

(xi) Town Creek, west of a line 

beginning at a point on the south 

shore 34'^ 39' 34" N - 77^ 23' 06" 

W; running 007^ (M) to a point on 

the north shore 34 ^ 39' 37" N - 77 = 

23' 06" W; 

(xii) Lewis Creek, southwest of a line 

beginning at a point on the southeast 

shore 34*' 40' 56" N - 77= 24' 56" 

W; running 301 ' (M) to a point on 

the northwest shore 34= 40' 55" N -- 

77^ 24' 58" W: 

(xiii) Northeast Creek, east of a line 

beginning at a point on the south 

shore 34^ 43' 23" N -- 77= 23' 35" 

W; running 316= (M) to a point at 

the mouth of Scale's Creek 34° 43' 

46" N --77^ 24' 06" W; 

(xiv) Southwest Creek, southwest of a line 

beginning at a point on the east shore 

34^ 41'^30" N - 77= 25' 20" W; 

running 328= (M) to a point on the 

north shore 34° 41' 50" N - 77= 25' 

40" W; 

(xv) Upper New River, north of a line 

beginning at a point on Mumford 

Po'int 34^ 43' 15" N -- 77° 25' 00" 

W; running 271= (M) through 

Beacon No. 53 to a point on the west 

shore 34= 43' 14" N -- 77° 25' 49" 

W; 

(d) Chadwick Bay, all waters between a line 

beginning at a point on Roses Point 34= 32' 

12" N -"77= 22' 19" W; running 075= (M) 

to Marker No. 6 and the IWW: 

(i) Fullard Creek (including Charles 

Creek), northwest of a line beginning 

at a point on the south shore 34= 32' 

03" N -- 77° 22' 41" W; running 

326= (M) to a point on the north 

shore 34= 32' 12" N -- 77= 22' 50" 

W; 

(ii) Bump's Creek, north of a line 

beginning at a point on the west 

shore 34= 32' 19" N -- 77= 22' 29" 

W; running 035= (M) to a point on 

the east shore 34= 32' 28" N - 77° 

22'23" W. 

(14) Stump Sound Area: Smmp Sound, all waters nonh 

and south of IWW from Beacon No. 15 34= 31' 

03" N - 77= 22' 17" W; to Marker No. 78 34 = 

25' 23" N - 77= 34' 12" W; except 100 feet of 

either side of the IWW from Beacon No. 49 at 



Morris Landing to Marker No. 78 at the mouth of 
Beckys Creek and except the dredged canals at Old 
Settler's Beach and the dredged chaimel from the 
IWW north of Marker No. 57 to the Old Settler's 
Beach Canals. 

(15) Topsail Sound Area: 

(a) Virginia Creek, all waters northwest of a 
line beginning on the southwest shore at a 
point near the mouth 34° 24' 48" N - 77° 
35' 38" W; running 056° (M) 700 yards to 
a point 34= 25' 02" N - 77° 35' 19" W; 
thence miming 074= (M) 1900 yards and 
intersecting the nursery area line at Becky's 
Creek at a pomt 34^ 25' 24" N - 77= 34' 
16" W, with the exception of the natural 
channel as marked by the North Carolina 
Division of Marine Fisheries; 

(b) Old Topsail Creek, all waters northwest of 
a line begiiming at a point on the southwest 
shore 34= 21' 33" N - 77= 40' 37" W; 
miming 065° (M) to a point on the 
northeast shore 34° 21' 43" N - 77= 40' 
14" W, with the exception of the dredged 
channel as marked by the North Carolina 
Division of Marine Fisheries: 

(c) Topsail Sound, all waters enclosed within a 
line starting at beacon "BC" 34° 24' 35" N 
-- 77= 35' 43" W; mnning 174° (M) to a 
point 34= 23' 58" N -- 77° 35' 33" W; 
running 235= (M) to a point 34° 21' 14" N 
-- 77' 39' 18" W; mnning 300= (M) to 
Marker No. 16 34° 21' 32" N - 77= 40' 
15" W; mnning 056° (M) back to point of 
origin; 

(d) Mallard Bay Area, all waters northwest of 
the IWW from Beacon No. 93 34= 23' 54" 
N - 77^ 36' 43" W; to Beacon No. 96 34° 
22' 34" N -77= 38' 48" W. 

(16) Middle Sound Area: 

(a) Howard Channel and Long Point Channel 
area, all waters southeast of the IWW from 
Beacon No. 98 34= 21' 33" N - 77° 40' 
32" W to a point on the north side of the 
Figure 8 Island Marina Channel 34= 16' 
28" N - 77° 45' 35" W [with the exception 
of Howard Channel from the IWW to New 
Topsail Inlet, Green Channel from Marker 
No. 105 to Rich's Inlet, Butler's Creek 
(Utley's Channel) from the IWW, north of 
Marker No. 112, to Nixon's Channel, and 
Nixon's Channel from IWW to Rich's Inlet; 
Tributaries to above named channels shall 
remain closed.]; 

(b) Futch Creek, northwest of a line beginning 
at a point on the north shore of Porter's 
Neck 34= 18' 00" N - 77° 44' 33" W; 
mnning 064= (M) to a point on Baldeagle 
Point 34= 18' 09" N - 77= 44' 22" W; 



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APPROVED RULES 



) 



(c) Page's Creek, northwest of a line beginning 
at a point on the north shore 34" 16' 46" N 

- 77° 46' 42" W; running 229° (M) to a 
point on the south shore 34° 16' 38" N — 
77° 46' 51" W; 

(d) All waters bound on the north by the Figure 
Eight Island Causeway, on the east by 
Mason's Channel, on the south by Mason's 
Inlet Channel and on the west by the 
Intracoastal Waterway, with the exception 
of Mason's Channel. 

(17) Greenville Sound Area: 

(a) Shell Island area, all waters east of the IWW 
from Marker No. 123 34° 14' 52" N - 77° 
47' 00" W to a point on the north shore of 
Old Moore Inlet Channel 34' 13' 56" N -- 
77° 47' 48" W; 

(b) Howe Creek (Moore's Creek), northwest of 
a line beginning at a point on the south 
shore 34° 14' 42" N - 77° 47' 26" W; 
running 030° (M) to a point on the north 
shore 34° 14' 53" N - 77= 47' 13" W; 

(c) Bradley Creek, west of Highway 17, 74 and 
76 bridge; 

(d) Wrightsville Beach area, all waters in an 
area enclosed by a line beginning at a point 
across the IWW from the mouth of Bradley 
Creek 34° 12' 21" N - 77° 49' 08" W, 
running 091° (M) to a point (near the 
Borrow Pit) 34° 12' 22" N - 77° 48' 32" 
W, running 144° (M) to a point 34° 11' 
56" N - 77° 48' 19" W, running 224° (M) 
to a point 34° 11' 20" N - 77° 49' 05" W; 
running 306° (M) to a point 34° 11' 30" N 

- 77° 49' 31" W; running 024° (M) back to 
point of origin. 

(18) Masonboro Sound Area: 

(a) Masonboro-Myrtle Grove Sound area (west 
side)--all waters west northwest of the IWW 
begiiming at a point at the mouth of Bradley 
Creek 34° 12' 23" N - 77° 49' 14" W; to 
Beacon No. 161 34° 03' 32" N -- 77° 53' 
22" W; 

(b) Masonboro-Myrtle Grove Sound area (east 
side) - all waters south and southeast of a 
line beginning at a point on the north end of 
Masonboro Island 34= 11' 06" N - 77° 48' 
51 " W; running 301 ° (M) to a point near 
rWW Marker No. 129 34° 11' 22" N -77° 
49' 36" W; thence running along the east 
side of the IWW to Marker No. 1 6 1 34 ° 03 ' 
32" N - 77° 53' 22" W; (with the exception 
of Old Masonboro Channel and Carolina 
Beach Inlet Channel). 

(19) Cape Fear River Area: 

(a) Cape Fear River, all waters north of a line 
beginning at a point on the east shore 34° 



10' 25" N - 77° 57' 03" W; running 275° 
(M) through Beacon No. 53 to a point on 
the west shore 34° 10' 25" N - 77° 57' 
46" W with the exception of the maintained 
chaimel, and all waters north of a line 
begiiming at a point on the east shore 34° 
04' 38" N - 77° 55' 28" W; running 275° 
(M) through Beacon No. 37 to a point on 
the west shore 34° 04' 38" N - 77° 56' 
3 1 " W, with the exception of 300 yards east 
and west of the main shipping channel up to 
Beacon No. 53 (mouth of Brunswick 
River); 

(b) The Basin (Ft. Fisher area), east of a line 
begiiming at a point on the north shore 33° 
57' 17" N - 77° 56' 08" W; running 156° 
(M) to a point on the south shore 33° 57' 
04" N-77° 56' 07" W; 

(c) Walden Creek, northwest of county road 
No. 1528 bridge; 

(d) Baldhead Island Creeks: 

(i) Baldhead Creek, southeast of a line 
beginning at a point on the south 
shore 33° 51' 42" N - 77° 59' 10" 
W; running 070° (M) to a point on 
the north shore 33° 52' 07" N - 77° 
59' 06" W; 

(ii) Cape Creek, southeast of a line 
beginning at a point on the south 
shore 33° 51' 39" N - 77° 58' 28" 
W; running 026° (M) to a point on 
the north shore 33° 52' 05" N - 77° 
58' 23" W; 

(iii) Bluff Island Creek (East Beach 
Creek), south of a line beginning at a 
point on the west shore 33° 52' 39" 
N - 77° 58' 11" W; running 092° 
(M) to a point on the east shore 33° 
52' 40" N-77° 58' 07" W; 

(iv) Deep Creek, south of a line from a 
point on the southwest shore 33° 52' 
42" N - 77° 58' 05" W; running 
046° (M) to a point on the northeast 
shore 33° 52' 46" N - 77° 58' 01" 
W; 

(e) Dutchman Creek, north of a line beginning 
at a point on the east shore 33 ° 55 ' 07 " N - 
78° 02' 39" W; running 294= (M) to a 
point on the west shore 33° 55' 08" N — 
78° 02' 44" W; 

(f) Denis Creek, west of a line beginning at a 
point on the south shore 33° 55' 00" N - 
78° 03' 32" W; running 006° (M) to a 
point on the north shore 33° 55' 02" N - 
78° 03' 32" W; 

(g) Piney Point Creek, west of a line beginning 
at a point on the south shore 33° 54' 32" N 



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NORTH CAROLINA REGISTER 



June 2, 1997 



2238 



APPROVED RULES 



- 78' 03' 32" W: running 007= (M) to a 
point on the north shore 33= 54' 37" N — 
78' 03' 31" W; 

(h) Molasses, Coward and Smokehouse Creeks, 
all waters bound by the IWW and the 
Elizabeth River on the north and east, the 
Oak Island Coast Guard canal on the east. 
Oak Island on the south and the CP and L 
Discharge canal on the west; 

(i) Oak Island area, all waters north and south 
of the IWW from Marker No. 9 33= 55' 
12" N - 78° 03' 49" W; to Beacon No. 18 
33° 55' 45" N -78° 10' 17" W. 

(20) Lockwoods Folly Inlet Area: 

(a) Davis Creek and Davis Canal, east of a line 
beginning at a point on the north shore 33° 
55' 13" N - 78 10' 43" W; running 198° 
(M) to a point on the south shore 33° 54' 
59" N -78° 10' 43" W; 

(b) Lockwoods Folly River, north of a line 
beginning at a point on the east shore 33° 
56"^ 35" N - 78= 12' 47" W; running 268° 
(M) to a point on the west shore 33 56' 
34" N-78° 13' 24" W; 

Spring Creek (Galloway Flats area), all 
waters northwest of a line beginning at a 
point on the south shore 33° 55' 31 " N — 
78° 13' 48" W; running 040° (M) to a 
point on the north shore 33= 55' 41" N — 
78° 13' 42" W. 

(21) Shallotte Inlet Area: 

(a) Shallotte River, north of a line begirming at 
a point on Bill Holden's Landing 33° 55' 
52" N - 78= 22' 07" W; running 024° (M) 
to a point on Gibbins Point 33' 56' 20" N 
-78° 21'54" W; 

(b) Shallotte River, excluding Gibbs Creek, 
north of a line beginning at Long Point 33° 
54' 20" N - 78° 21' 42" W; running 312° 
(M) to a point on Sage Island 33° 54' 37" 
N - 78= 22' 06" W; east of a line beginning 
at Sage Island running 026= (M) to a point 
33= 5^5' 06" N - 78= 22' 09" W, and south 
of a line beginning at the previous point 
running 081° (M) to a point on the shore 
33= 55' 18" N -78° 21' 35" W; 

(c) Shallone Creek (Little Shallotte River), east 
of a line beginning at a point on Shell 
Landing 33° 55' 44" N - 78° 21' 40" W; 
running 159= (M) to a point on Boone's 
Neck Point 33' 55' 35" N - 78° 21' 34" 
W; 

(d) Saucepan Creek, northwest of a line 
beginning at a point on the east shore 
(mouth of Old Mill Creek) 33° 54' 56" N - 
78° 23' 28" W; running 182° (M) to a 
point on the west shore 33° 54' 41" N - 
78= 23' 28" W; 



(e) Old Channel area, all waters south of the 
IWW from Beacon No. 83 33° 54' 16" N - 
78° 23' 17" W; to Ocean Isle Beach bridge 
33° 53' 44" N - 78° 26' 22" W; except the 
dredged finger canals at Ocean Isle Beach 
located on the south side of the IWW 
between the Ocean Isle Beach Bridge and 
IWW Marker No. 90. 
(22) Little River Inlet Area: 

(a) Cause Landing area, all waters north of the 
IWW from Beacon No. 90 33° 53' 53" N - 
78° 25' 37" W to the South Carolina line; 

(b) Eastern Chaiuiel Area: 

(i) Needhamhole Creek, north of a line 
beginning at a point on the east shore 
33° 53' 19" N - 78° 26' 48" W; 
running 274° (M) to a point on the 
west shore 33° 53' 19" N - 78° 26' 
51" W; 

(ii) Springbranch Creek, north of a line 
beginning at a point on the east shore 
33° 53' 14" N - 78° 27' 17" W; 
running 250= (M) to a point on the 
west shore 33° 53' 13" N - 78° 27' 
21" W; 

(iii) Goldmine Creek, north of a line 
beginning at a point on the east shore 
33° 53' 13" N - 78° 27' 33" W; 
running 260° (M) to a point on the 
west shore 33° 53' 13" N - 78° 27' 
36" W; 

(iv) Clam Creek, north of a line 
beginning at a point on the east shore 
33= 53' 12" N - 78° 27' 55" W; 
running 219° (M) to a point on the 
west shore 33° 53' 10" N - 78° 27' 
55" W; 

(v) Sol's Creek, all waters north of a line 
beginning at a point on the east shore 
33° 53' 02" N - 78° 28' 08" W; 
running 224° (M) to a point on the 
west shore 33° 53' 00" N - 78° 28' 
12" W; and all waters south of a line 
beginning at a point on the east shore 
of Sol's Creek 33 ° 53' 22" N - 78° 
28' 10" W; running 252° (M) to a 
point on the west shore 33° 53' 21" 
N-78° 28' 14" W; 

(vi) Horseford Creek, north of a line 
begirming at a point on the east shore 
33° 52' 53" N - 78° 28' 24" W; 
running 279° (M) to a point on the 
west shore 33° 52' 53" N - 78° 28' 
29" W; 
(vii) Still Creek, all waters north of a line 
beginning at a point on the east 
shore, 33° 52' 53" N - 78° 28' 44" 
W; running 254° (M) to a point on 



2239 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



) 



the west shore 33" 52' 51" N - 78" 
28' 48" W; and all waters south of a 
line beginning at a point on the east 
shore of Still Creek, 33° 53' 15" N 
- 78° 29' 02" W; running 270° (M) 
to a point on the west shore 33 ° 53 ' 
15" N--78° 29' 05" W; 
(viii) Cooter Creek, north of a line 
beginning at a point on the east shore 
33° 52' 52" N - 78° 29' 46" W; 
running 288° (M) to a point on the 
west shore 33° 52' 53" N - 78° 29' 
49" W; 

(c) The Big Narrows Area: 

(i) Big league Creek, west of a line 
beginning at a point on the south 
shore 33° 52' 46" N - 78° 29' 59" 
W; running 343° (M) to a point on 
the north shore 33° 52' 47" N - 78° 
30' 01" W; 
(ii) Little league Creek, west of a line 
beginning at a point on the south 
shore 33° 52' 54" N - 78° 30' 09" 
W; running 306° (M) to a point on 
the north shore 33° 52' 54" N -- 78° 
30' 10" W; 
(iii) Big Norge Creek, south of a line 
beginning at a point on the west 
shore 33° 52' 50" N -- 78° 30' 39" 
W; running 076° (M) to a point on 
the east shore 33° 52' 51" N -- 78° 
30' 36" W; 

(d) Mad hilet area, all waters south of the IWW 
from the Sunset Beach bridge 33° 52' 52" 
N - 78° 30' 42" W to the South Carolina 
line with the exception of Bonaparte Creek; 

(e) Calabash River, east of state road No. 1 164 
bridge. 

History Note: Authority G.S. 113-134; 113-182; 

143B-289.4; 

Eff. January 1. 1991; 

Amended Eff. March 1, 1996; September 1, 1991; 

Recodified from ISA NCAC 3R .0003 Eff. December 17, 

1996; 

Amended Eff. May, L 1997. 

.0104 PERMANENT SECONDARY NURSERY 
AREAS 

The permanent secondary nursery areas referenced in 15 A 
NCAC 3N .0105(a) and (c) are delineated in the following 
coastal water areas: 

(1) In the Pamlico Sound Area: 

(a) Long Shoal River - north of a line 
beginning at a point on Pains Point 35° 35' 
07" N - 75° 51' 25" W, running 282° (M) 
to a point on the west shore at the 5th 



Avenue Canal 35° 35' 12" N - 75° 53' 16" 
W; 

(b) Pains Bay - east of a line beginning at a 
point on the south shore 35° 34' 28" N - 
75° 50' 58" W, running 350° (M) to a 
point on the north shore 35° 35' 04" N - 
75° 51' 12" W; 

(c) Wysocking Bay - north and west of a line 
beginning at Benson Point 35° 22' 58" N - 
76° 03' 39" W, running 058° (M) to Long 
Point 35° 24' 37" N - 76° 01' 19" W; 

(d) Juniper Bay-Cuiming Harbor - north of a 
line beginning at a point on the west shore 
ofJuniperBay35° 20'33" N-76° 15' 28" 
W, running 105° (M) to a point 35° 20' 
18" N - 76° 13' 20" W thence to a point on 
the east shore of Cuiming Harbor 35° 20' 
15" N-76° 12' 23" W; 

(e) Swanquarter Bay - north of a line beginning 
at a point at The Narrows 35° 20' 55" N - 
76° 20' 39" W, running 080° (M) to a 
point on the east shore 35° 21' 36" N - 76° 
18' 23" W; 

(f) Deep Cove-The Narrows - north and east of 
a line begirming at a point on the west shore 
35° 20' 54" N - 76° 23' 54" W, running 
122° (M) to a point on the east shore 35° 
20' 33" N - 76° 22' 55" W, and west of a 
line at The Narrows beginning at a point on 
the north shore 35° 20' 42 " N - 76° 20' 
35" W, running 175° (M) to a point on the 
south shore 35° 20' 55" N - 76° 20' 39" 
W; 

(g) Rose Bay - north of a line beginning at a 
point on the west shore 35° 23' 17" N - 76° 
26' 10" W, rurming 144° (M) to a point on 
Judith Island 35° 22' 29" N - 76° 25' 15" 
W; 

(h) Spencer Bay - west and north of a line 
begirming at a point on Willow Point 35° 
22' 22" N - 76° 27' 52" W, running 065° 
(M) to a point 35 ° 23' 17" N - 76° 26' 10" 
W; 

(i) Able Bay - nonh and east of a line 
begirming at a point on the west shore 35° 
23' 39" N - 76° 31' 03" W, running 130° 
(M) to a point on the east shore 35° 23' 00" 
N-76° 29' 44" W; 

(i) Mouse Harbor - west of a line beginning at 
a point on the south shore 35° 17' 12" N - 
76° 28' 53" W, running 352° (M) to a 
point on the north shore 35° 18' 23" N - 
76° 29' 03" W; 

(k) Big Porpoise Bay - west of a line begirming 
at a point on the south shore 35° 14' 57" N 
- 76° 28' 50" W, running 042° (M) to a 
point on the north shore 35° 15' 41" N - 



11:29 



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June 2, 1997 



2240 



APPROVED RULES 



16 28' 12" W; 
(1) Middle Bay - west of a line beginning at a 
point on the south shore 35° 13' 31" N - 
76" 29' 36" W, running 022° (M) to a 
point on the north shore 35° 14' 48" N - 
76° 29' 12" W; 
(m) Jones Bay - west of a line beginning at a 
point on Boar Point 35° 12' 19" N - 76' 
31' 16" W, running 011° (M) to a point on 
Mink Trap Point 35° 13' 30" N - 76° 31' 
08" W; 
(n) In the Bay River Area: 

(i) Bonner Bay - south of a line 
beginning at a point on the west 
shore 35° 09' 36" N -76° 36' 15" 
W, running 074° (M) to a point on 
the east shore 35° 09' 57" N - 76° 
35' 12" W; 
(ii) Gales Creek-Bear Creek (tributaries 
of Bay River) - north and west of a 
line beginning at a point on Sanders 
Point 35' 11' 17" N - 76° 35' 54" 
W, running 067° (M) through 
Beacon No. 27 to a point on the east 
shore 35° 11' 54" N - 76° 34' 17" 
W; 

(2) In the Pamlico River Area: 

(a) (In the Pungo River Area): Fortescue 
Creek, east of a line beginning at a point on 
the north shore 35° 25' 55" N - 76° 31' 
58" W; running 195° (M) to a point on the 
south shore 35° 25' 36" N - 76° 32' 01" 
W; 

(b) North Creek - north of a line beginning at a 
point on the west shore 35° 25' 24" N - 76° 
40' 06" W, running 114° (M) through 
Marker No. 4 to a point on the east shore 
35° 25' 18" N -76= 39' 39" W; 

(c) In the Goose Creek area: 

(i) Campbell Creek - west of a line 
beginning at a point on the south 
shore 35° 17' 00" N - 76° 37' 06" 
W, running 349° (M) to a point on 
the west shore 35° 17' 19" N - 76° 
37' 08" W; 
(ii) Eastham Creek - east of a line 
beginning at a point on the south 
shore 35° 17' 36" N - 76° 36' 24" 
W, running 327° (M) to a point on 
the north shore 35° 17' 44" N - 76° 
36' 30" W; 

(d) Oyster Creek-Middle Prong - southwest of 
a line beginning at a point on Cedar Island 
35° 19' 28" N - 76° 32' 14" W, running 
135° (M) to a point on Beard Island Point 
35° 19' 10" N -76° 31' 44" W; 

(3) In the Neuse River Area: 

(a) Lower Broad Creek - northwest of a line 



beginning at a point on the northeast shore 
35° 05' 47" N - 76° 35' 25" W, running 
228° (M) to a point on the southwest shore 
35° 05' 34" N-76° 35' 43" W; 

(b) Greens Creek - north of a line beginning at 
a point on the west shore of Greens Creek 
35° or 20" N - 76° 42' 10" W; running 
055° (M) to a point on the east shore 35° 
or 30" N -76° 41' 59" W; 

(c) Dawson Creek - north of a line beginning at 
a point on the west shore 34° 59' 35" N - 
76° 45' 28" W; running 120° (M) to a 
point on the east shore 34° 59' 34" N - 76° 
45'25"W; 

(d) Clubfoot Creek - south of a line begiiming 
at a point on the east shore 34° 54' 29" N - 
76° 45' 26" W, running 284° (M) to a 
point on the west shore 34° 54' 33" N - 76° 
45' 43" W; 

(e) (In the Adams Creek Area) Cedar Creek - 
east of a line begiiming at a point on the 
south shore 34° 55' 52" N - 76° 38' 49" 
W, running 004° (M) to a point on the 
north shore 34° 56' 05" N - 76° 38' 48" 
W; 

(4) Virginia Creek - all waters of the natural channel 
northwest of the primary nursery area line; 

(5) Old Topsail Creek - all waters of the dredged 
chaimel northwest of the primary nursery area line; 

(6) Mill Creek - all waters west of a line beginning at 
a point on the south shore 34° 24' 17" N - 77° 42' 
15" W, miming 028° (M) to a point on the north 
shore 34° 20' 36" N - 77° 42' 06" W; 

(7) Pages Creek - all waters west of a line beginning 
at a point on the south shore 34° 15' 52" N - 77° 
46' 18" W, running 044° (M) to a point on the 
north shore 34° 16' 09" N - 77° 46' 01 " W; 

(8) Bradley Creek - all waters west of a line beginning 
on the south shore 34° 12' 23" N - 77° 49' 14" 
W, running 021 ° (M) to a point on the north shore 
34° 12' 38" N -77° 49' 09" W; 

(9) Davis Creek, all waters east of a line beginning at 
a point on Oak Island 33° 54' 51" N - 78° 12' 49" 
W, running 010° (M) to a point on Horse Island 
33° 54' 57" N - 78° 12' 49" W and Davis Canal, 
all waters southeast of a line beginning at a point 
on a spoil island at the southwest intersection of 
the ICWW and Davis Canal 33° 55' 23" N - 78° 
11' 39" W, running 060° (M) across the mouth of 
Davis Canal to a point on Pinner Point 33° 55' 
26" N -78° 11' 38" W. 

History Note: Authority G.S. 113-134; 113-182; 

143B-289.4; 

Eff. January 1, 1991; 

Amended EJf. March 1. 1996; March 1. 1994; 

Recodified from 15A NCAC 3R .0004 EJf. December 17. 

1996; 



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11:29 



APPROVED RULES 



Amended Eff. Mm L 1997. 

.0105 SPECIAL SECONDARY NfURSERY AREAS 

The special secondary nursery areas referenced in 15 A 
NCAC 3N .0105(b) and (c) are delineated in the following 
coastal water areas: 

(1) In the Pamlico River Area, Pamlico River, west of 
a line beginning at a point on Mauls Point 35^ 26' 
56" N - 76= 55' 33" W; running 073" (M) to a 
point on Ragged Point 35' 27' 33" N - 76° 54' 
21" W: 

(a) Pungo River: 

(i) Pungo Creek, west of a line 
begirming at a point on Persimmon 
Tree Point 35° 31' 06" N - 76° 37' 
49" W; running 241° (M) to a point 
on Windmill Point 35° 30' 48" N - 
76= 38' 18" W; 

(ii) Pungo River, north of a line 
beginning at a point on the east shore 
35° 32' 05" N - 76° 28' 09" W; 
running 277° (M) through Beacon 
No. 21 to a point on the west shore 
35° 32' 12" N-76° 29' 15" W; 

(iii) Scranton Creek, south and east of a 
line beginning at a point on the west 
shore 35° 30' 43" N -76° 28' 43" 
W; running 085° (M) to a point on 
the east shore 35° 30' 41" N - 76° 
28' 23" W; 

(iv) Slade Creek, east of a line beginning 
at a point on the south shore 35 ° 27 ' 
39" N - 76° 32' 46" W; running 
328° (M) to a point on the nonh 
shore 35° 27' 52" N - 76° 33' 00" 
W; 

(b) South Creek, west of a line begiiming at a 
point on Hickory Point 35 ° 2 1 ' 44 " N - 76° 
41' 37" W; miming 195 (M) to a point on 
Fork Point 35° 20' 44" N-76° 41' 48" W; 

(c) Bond Creek/Muddy Creek, south of a line 
begiiming at a point on Fork Point 35° 20' 
44" N-76° 41' 48" W; running 135° (M) 
to a point on Gum Point 35° 20' 32" N - 
76° 41' 30" W; 

(2) In the Neuse River Area: 

(a) Goose Creek, north and east of a line 
beginning at a point on the south shore 35° 
02' 08" N - 76- 56' 02" W; running 331° 
(M) to a point on the north shore 35° 02' 
37" N -76= 56' 27" W; 

(b) Upper Broad Creek, northeast of a line 
beginning at a point on the north shore 35 ° 
03' 26" N - 76= 57' 14" W; running 153° 
(M) to a point on the south shore 35° 02' 
56" N-76= 56' 49" W; 

(3) In the West Bay Area: 



(a) West Thorofare Bay - south of a line 
beginning at a point on the west shore 34° 
57' 22" N - 76° 24' 03" W, running 090° 
(M) through FL R "lOWB" to a point on 
the east shore 34° 57' 28" N - 76= 23' 06" 
W; 

(b) Long Bay-Ditch Bay - west of a line 
beginning at a point 34= 57' 52" N - 76° 
26' 37" W, running southwest 226° (M) to 
a point 34° 57' 13" N - 76° 27' 13" W, 
thence south of a line running southeast 
134° (M) to a point 34° 56' 46" N - 76° 
26' 26" W; 

(c) Tumagain Bay - south of a line beginning at 
a point on the west shore at 34° 59' 23" N 
- 76° 30' 11"; thence running 084° (M) to 
a point on the east shore at 34° 59' 33" N - 
76° 29' 23" W; 

(4) In the Core Sound Area: 

(a) Cedar Island Bay - northwest of a line 
beginning at a point near the telephone 
tower 34° 57' 49" N - 76° 16' 58" W, 
ruiming 049= (M) to a point at the gun club 
or "clubhouse" dock 34° 58' 43" N - 76° 
16' 00" W; 

(b) Thorofare Bay-Barry Bay - northwest of a 
line begiiming at a point on Hall Point 34° 
54' 25" N - 76= 19' 09" W, running 046° 
(M) to a point at Rumley Hammock 34° 55' 
27" N-76° 18' 13" W; 

(c) Nelson Bay - northwest of a line beginning 
at a point on the west shore of Nelson Bay 
34° 51' 08" N - 76° 24' 36" W, and 
nmning 062° (M) through Beacon No. 1 in 
Nelson Bay to a point on Drum Point 34° 
51' 36" N -76° 23' 48" W; 

(d) Brett Bay - all waters north of a line 
beginning at Piney Point 34° 49' 32" N - 
76° 25' 06" W; running 258° (M) to a 
point on the west shore 34 ° 49' 23 " N - 76° 
26' 02" W; 

(e) Jarrett Bay - north of a line beginning at a 
point east of Davis Island 34° 45' 46" N - 
76° 28' 45" W, and running 266° (M) to a 
point on the west shore (site of Old 
Chimney) 34° 45' 31" N - 76= 30' 04" W; 

(5) In the North River area: 

(a) North River - north of a line beginning at a 
point on the west shore at the oyster house 
34° 46' 28" N - 76° 37' 07" W, running 
096° (M) to a point on the east shore 34° 
46' 30" N -76= 35' 47" W; 

(b) Ward Creek - east of a line beginning on the 
north shore 34= 46' 13" N - 76° 34' 58" 
W, running 182= (M) to a point on the 
south shore 34= 45' 34" N - 76= 35' 00" 
W; 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2242 



APPROVED RULES 



(6) Newport River - west of a line beginning at Perm 
Point at 34" 45' 44" N - 76" 43' 35" W; thence 
rurming 022" (M) to a point on the north shore at 
34° 46' 47" N -76" 43' 15" W; 

(7) New River upstream of the N.C. Highway 172 
Bridge; 

(8) Intracoastal Waterway - all waters in the 
Intracoastal Waterway maintained chaimel from 
Marker No. 17 north of Alligator Bay to Marker 
No. 49 at Morris Landing and all waters in the 
Intracoastal Waterway maintained chaimel and 100 
feet on either side from Marker No. 49 to the N.C. 
Highway 50-210 Bridge at Surf City; 

(9) Cape Fear River - beginning at a point on the 
south side of the Spoil Island at the intersection of 
the ICWW and the Cape Fear River ship channel 
34" or 37" N - 77= 56' 05" W, ninning 106" 
(M) to a point on the east shore of the Cape Fear 
River 34" 01' 32" N - 77 55' 00" W, rtinning 
south and boimded by the shoreline to a point near 
the Ferry Slip at Federal Point 33" 57' 52" N - 
77' 56' 28" W, running 353" (M) north to a point 
on Bird Island 33" 58' 24" N - 77" 56' 36" W, 
rurming 013" (M) back to point of origin; 

(10) Lockwood Folly River - beginning at a point on 
Howells Point 33" 55' 21" N - 78" 12' 47" W and 
running in a westerly direction along the ICWW to 
a point near ICWW Marker No. 46 33" 55' 18" N 
-78" 13' 54" W; 

(11) Saucepan Creek - all waters north of a line 
beginning at a point on the west shore 33" 54' 36" 
N - 78" 22' 54" W, running 062= (M) to a point 
on the east shore 33" 54' 38" N - 78" 22' 49" W. 

Histor\ Note: Authority G.S. 113-134; 113-182; 

143B-289.4; 

Eff. January 1, 1991: 

Amended Eff. March 1. 1996: March 1. 1994; 

Recodified from 15A NCAC 3R .0005 Eff. December 17. 

1996: 

Amended Eff. May L 1997. 

.0107 DESIGNATED POT AREAS 

(a) As referenced in 15A NCAC 3J .0301, it is unlawful 
to use pots north and east of the Highway 58 Bridge at 
Emerald Isle from May 1 through October 3 1 , except in areas 
described below: 

(1) In Albemarle Sound and tributaries. 

(2) In Roanoke Sound and tributaries. 

(3) In Croatan Sound and tributaries. 

(4) In Pamlico Sound and tributaries, except the 
following areas and areas further described in 
Paragraphs (5), (6), and (7) of this Rule: 

(A) In Wysocking Bay: 

(i) Bound by a line beginning at a point 
on the south shore of Lone Tree 
Creek 35" 25' 05" N - 76" 02' 05" 
W running 239" (M) 1000 yards to a 



point 35" 24' 46" N - 76° 02' 32" 
W; thence 336° (M) 2200 yards to a 
point 35° 25' 42" N - 76° 03' 16" 
W; thence 062° (M) 750 yards to a 
point on shore 35° 25' 54" N - 76° 
02' 54" W; thence following the 
shoreline and the Lone Tree Creek 
primary nursery area line to the 
begiiming point; 
(ii) Bound by a line beginning at a point 
on the south shore of Mt. Pleasant 
Bay 35° 23' 07" N - 76° 04' 12" W 
running 083° (M) 1200 yards to a 
point 35" 23' 17" N - 76° 03' 32" 
W; thence 023° (M) 2400 yards to a 
point 35" 24' 27" N - 76° 03' 12" 
W; thence 299° (M) 1 100 yards to a 
point on shore 35° 24' 38" N - 76° 
04' 48" W; thence following the 
shoreline and the Browns Island and 
Mt. Pleasant Bay primary nursery 
area line to the begiiming point; 
except pots may be set no more than 
50 yards from the shoreline. 

(B) In Juniper Bay bound by a line beginning at 
a point on Juniper Bay Point 35° 20' 18" N 
- 76° 13' 22" W mnning 275° (M) 2300 
yards to a point 35° 20' 15" N - 76° 14' 
45" W; thence 007" (M) 2100 yards to 
Daymarker No. 3; thence 040° (M) 1100 
yards to a point on shore 35° 21' 45" N - 
76° 14' 24" W; thence following the 
shoreline and the Buck Creek and the Laurel 
Creek primary nursery area line to the 
beginning point. 

(C) In Swanquarter Bay, bound by a line 
beginning at a point on the north shore of 
CaffeeBay35" 21' 57" N - 76° 17' 44" W; 
running 191° (M) 800 yards to a point on 
the south shore 35" 21' 35" N - 76° 17' 
45" W; thence following the shoreline to a 
point on shore 35° 21' 37" N - 76° 18' 22" 
W; thence running 247° (M) 1300 yards to 
a point 35" 21' 17" N - 76° 19' 03" W; 
thence 340° (M) 1350 yards to a point 35° 
21' 51" N - 76" 19' 27" W; thence 081° 
(M) 1150 yards to a point on the north 
shore 35" 22' 02" N - 76° 18' 48" W; 
thence following the shoreline and the 
primary nursery area line to the beginning 
point. 

(D) In Deep Cove east of a line beginning at a 
point on the south shore 35" 20' 33" N - 
76° 22' 57" W, rtinning 021° (M) 1800 
yards to a point on the north shore 35° 21' 
55" N - 76= 22' 43" W and west of a line 
beginning at a point on the south shore 35 ° 
20' 44" N - 76" 22' 05" W running 003° 



2243 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



(M) 1400 yards to a point on the north 
shore 35^ 21' 26" N -76° 22' 11" W. 

(E) Off Striking Bay bound by a line beginning 
at a point on the west shore of Striking Bay 
35" 23' 20" N - 76' 26' 59" W running 
190° (M) 1900 yards to a point 35° 22' 23" 
N - 76° 27' 00" W; thence 097° (M) 900 
yards to Beacon No. 2; thence 127° (M) 
1600 yards to a point 35° 21' 55" N - 76° 
25' 43" W; thence following the shoreline 
to a point 35° 22' 30" N - 76° 25' 14" W; 
thence 322° (M) 2200 yards to a point 35° 
23' 17" N - 76° 26' 10" W; thence 
following the shoreline to a point 35° 23' 
19" N - 76° 26' 24" W; thence 335° (M) 
900 yards to a point 35° 23' 40" N - 76° 
26' 43" W; thence 059° (M) 500 yards to a 
point 35° 23' 30" N - 76° 26' 58" W; 
thence following the shoreline to the 
beginning point. 

(F) In Rose Bay bound by a line beginning at a 
point southwest of Swan Point 35' 23' 56" 
N - 76° 23' 39" W running 288° (M) 1500 
yards to a point on shore 35° 24' 03" N - 
76° 24' 33" W; thence 162° (M) 1650 
yards to a point 35° 23' 19" N - 76° 24' 
04" W; thence 084° (M) 1350 yards to a 
point on shore 35° 23' 29" N - 76° 23' 17" 
W; thence following the shoreline to the 
beginning point. 

(G) In Spencer Bay bound by a line beginning at 
a point on shore at Willow Point 35° 22' 
26" N - 76° 28' 00" W running 059° (M) 
1700 yards to a point 35° 22' 57" N - 76° 
27' 13" W; thence 317° (M) 1500 yards to 
a point 35° 23' 25" N - 76° 27' 57" W; 
thence 243° (M) 1300 yards to a point on 
shore 35° 23' 02" N - 76° 28' 35" W; 
thence following the shoreline and the 
unnamed primary nursery area line to the 
beginning point. 

(H) In Big Porpoise Bay bound by a line 
beginning at a point on shore 35° 15' 58" N 
- 76° 29' 10" W running 182° (M) 750 
yards to Sage Point 35° 15' 36" N - 76° 29' 
06" W; thence 116° (M) 850 yards to a 
point 35° 15' 28" N - 76° 28' 36" W; 
thence 023° (M) 700 yards to a point on 
shore 35° 15' 48" N - 76° 28' 30" W; 
thence following the shoreline to the 
beginning point. 
(I) In Middle Bay bound by a line beginning at 
Middle Bay Point 35° 14' 53" N - 76° 28' 
41" W; running 210° (M) 3650 yards to 
Sow Island Point 35° 13' 09" N - 76° 29' 
28" W; thence following the shoreline of 
Middle Bay to Big Fishing Point 35° 14' 



05" N - 76° 29' 52" W; thence 008° (M) 
1 100 yards to a point on the north shore 35° 
14' 31" N - 76° 29' 52" W; thence 
following the shoreline to the point of 
beginning. 
(J) In Jones Bay bound by a line beginning at a 
point on Sow Island Point 35° 13' 09" N - 
76° 29' 28" W running 204° (M) 2600 
yards to Green Flasher No. 5; thence 322° 
(M) 2450 yards to a point 35° 12' 48" N - 
76° 30' 58" W; thence 217° (M) 1200 
yards to a point on shore 35° 12' 20" N - 
76° 31' 16" W; thence 284° (M) 740 yards 
to a point on shore 35° 12' 26" N - 76° 31' 
46" W; thence following the shoreline to a 
point 35° 12' 36" N - 76° 32' 01" W; 
thence 051° (M) 600 yards to a point 35° 
12' 52" N - 76° 31' 45" W; thence parallel 
with the shoreline no more than 600 yards 
from shore to a point 35° 13' 11" N - 76° 
32' 07" W; thence 038° (M) to a point 600 
yards from the north shore 35° 13' 39" N - 
76° 31' 54" W; thence parallel with the 
shoreline no more than 600 yards from 
shore to a point 35° 13' 09" N - 76° 30' 
48" W; thence 009° (M) 600 yards to a 
point on shore 35° 13' 26" N - 76° 30' 47" 
W; thence following the shoreline to the 
beginning point. 
(K) In an area bound by a line beginning at Boar 
Point 35° 12' 07" N - 76° 31' 04" W 
running 106° (M) 2000 yards to Green 
Flasher No. 5; thence 200° (M) 2200 yards 
to a point 35° 10' 56" N - 76° 30' 10" W; 
thence 282° (M) 2350 yards to Bay Point 
35° 11' 02" N - 76° 31' 35" W; thence 
following the shoreline to the begiiming 
point. 
(5) In Pamlico River west of a line from a point on 
Pamlico Point 35° 18' 42" N - 76° 28' 58" W 
running 009° (M) through Daymarker No. 1 and 
Willow Point Shoal Beacon to a point on Willow 
Point 35° 22' 23" N - 76° 28' 48" W pots may be 
used in the following areas: 

(A) In that area bound by a line begiiming at a 
point on the line from Pamlico Point to 
Willow Point 35° 19' 24" N - 76° 28' 56" 
W running westerly parallel to the shoreline 
at a distance of no more than 1000 yards to 
Green Flasher No. 1 at the mouth of Goose 
Creek; thence 248° (M) parallel to the 
ICWW to a point off Fulford Point 35° 19' 
59" N- 76° 36' 41" W; thence 171° (M) to 
a point on Fulford Point 35° 19' 41" N 
-76° 36' 34" W. 

(B) All coastal waters and tributaries of Oyster 
Creek, James Creek, Middle Prong and 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2244 



APPROVED RULES 



Clark Creek. 

(C) All coastal waters of Goose Creek: 

(i) In that area bound by a line 
beginning at a point on Reed 
Hammock 35= 20' 24" N - 76' 36' 
51" W running 17 r (M) 300 yards 
to a point 35' 20' 16" N - 76' 36' 
48" W; thence parallel with the 
shoreline no more than 300 yards 
from shore to a point 35' 20' 09" N 

- 76' 37' 10" W; thence 302' (M) 
300 yards to a point on shore 35° 20' 
13" N -76' 37' 19" W. 

(ii) In that area bound by a line 
beginning at a point on shore 35' 19' 
58" N - 76' 37' 33" W; running 
291° (M) 300 yards to a point 35° 
19' 57" N - 76' 37' 21" W; thence 
parallel to the shoreline no more than 
300 yards from shore to a point 35° 
18' 16" N - 76' 37' 16" W; thence 
292' (M) to a point on the north 
shore of Snode Creek 35' 18' 15" N 
-76° 37' 27" W. 

(iii) In that area bound by a line 
beginning at a point at the mouth of 
Goose Creek 35' 19' 59" N - 76° 
36' 41" W; running 348' (M) to 
Green Daymarker No. 5; thence 
south parallel to the shoreline no 
more than 300 yards from shore to a 
point 35' 18' 12" N - 76' 37' 07" 
W; thence 112' (M) to Store Point 
35° 18' 09" N -76° 36' 57" W. 

(iv) Between the line from Store Point to 
Snode Creek and a line begiiming at 
a point on Long Neck Point running 
264' (M) through Beacon No. 15 to 
Huskie Point from the shoreline to no 
more than 150 yards from shore, 
(v) All coastal waters southeast of the 
line from Lx)ng Neck Point through 
Beacon No. 15 to Huskie Point. 

(vi) Campbell Creek - west of a line from 
a point on Huskie Point 35° 17' 00" 
N - 76' 37' 06" W running 004° 
(M) to Pasture Point 35^ 17' 20" N 

- 76' 37' 08" W, to the 
Inland-Commercial line. 

(D) All coastal waters bound by a line begiiming 
on Reed Hammock 35° 20' 24" N -76° 36' 
51" W running 171° (M) to a point 35° 20' 
16" N - 76 36' 47" W; thence 100' (M) 
800 yards to Red Daymarker No. 4; thence 
322' (M) 1200 yards to a point 35' 20' 40" 
N - 76' 36' 48" W; thence westerly parallel 
to the shoreline at a distance of 300 yards to 
a point in Bond Creek 35 ' 20' 40" N - 76° 



41 ' 37" W; thence 199° (M) to a point on 
the south shore of Muddy Creek 35° 20' 
18" N - 76' 41' 34" W, including all 
waters of Muddy Creek up to the 
Inland-Coastal boundary line. 

(E) Along the west shore of Bond Creek from 
Fork Point to the Coastal-Inland boundary 
line from the shoreline to no more than 50 
yards from shore. 

(F) All coastal waters of South Creek upstream 
of a line begiiming at a point on Fork Point 
35° 20' 45" N - 76° 41' 47" W running 
017° (M) to a point on Hickory Point 35° 
21' 44" N-76° 41' 36" W. 

(G) In that area bound by a line beginning at a 
point at the six foot depth contour south of 
Hickory Point 35° 21' 33" N - 76° 41' 39" 
W; thence easterly following the six foot 
depth contour to a point off the east end of 
Indian Island 35' 21' 42" N - 76° 38' 04" 
W; thence 270° (M) to a point on the east 
end of Indian Island 35° 21' 38" N - 76° 
38' 36" W; thence following the shoreline 
of Indian Island to a point on the west end 
35° 21' 37" N - 76' 39' 40" W; thence 
293° (M) toward Daymarker No. 1 to a 
point at the six foot depth contour 35 ° 21' 
46" N - 76° 40' 16" W; thence following 
the six foot depth contour in a westerly 
direction to a point off Long Point 35° 22' 
42" N - 76' 42' 44" W; thence 233° (M) to 
a point on shore 35° 22' 24" N - 76° 43' 
05" W. 

(H) Beginning at a point on shore near Long 
Point 35° 22' 29" N - 76° 43' 25" W, 
running 001° (M) to a point 300 yards 
offshore 35° 22' 39" N - 76° 43' 26" W; 
thence westerly parallel to the shoreline at a 
distance of 300 yards to a point 35° 22' 39" 
N - 76° 43' 59" W; thence 209° (M) to a 
point on shore 35° 22' 30" N - 76° 44' 03" 
W. 

(I) Beginning at a point on shore 35° 22' 30" 
N - 76' 44' 27" W, running 355' (M) to a 
point offshore 35' 22' 40" N - 76° 44' 31" 
W; thence westerly parallel to the shoreline 
at a distance of 300 yards to a point 35° 22' 
53" N - 76° 45' 00" W; thence running 
251° (M) to a point on shore 35° 22' 46" N 
-76° 45' 14" W. 

(J) Beginning at a point on shore 35° 22' 54" 
N - 76° 45' 43" W; running 003° (M) to a 
point offshore 35 23' 03" N - 76' 45' 43" 
W; thence westerly parallel to the shoreline 
at a distance of 300 yards to the intersection 
of a line begiiming on the north shore at 
Gum Point 35° 25' 09" N - 76' 45' 33" W; 
running 210° (M) to a point on the south 



2245 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



shore 35° 23' 28" N - 76' 46' 26" W. 
(K) All coastal waters west of a line beginning 
on the north shore at Gum Point 35° 25' 
09" N - 76° 45' 33" W running 210° (M) 
to a point on the south shore 35° 23' 28" N 
- 76° 46' 26" W. 
(L) On the north side of Pamlico River bound 
by a line beginning at the intersection of the 
line from Gimi Point to the south shore 500 
yards from shore 35° 24' 55" N - 76° 45' 
39" W running easterly parallel to the 
shoreline at a distance of 500 yards to a 
point at the six foot contour near Adams 
Point 35° 23' 08" N - 76° 35' 59" W. 
(M) All waters and tributaries of North Creek 

except the marked navigation channel. 
(N) In that area bound by a line beginning at a 
point at the six foot contour near Adams 
Point 35° 23' 08" N - 76° 35' 59" W 
running westerly following the six foot 
depth contour to a point off Wades Point 
35° 23' 28" N -76° 34' 09" W. 
(O) Pungo River: 

(i) Bound by a line beginning at Wades 
Point 35° 23' 16" N - 76° 34' 30" 
W running 059° (M) to a point at the 
six foot depth contour, 35° 23' 28" 
N - 76° 34' 09" W; thence northerly 
following the six foot depth contour 
to a point near Beacon No. 3 35° 25' 
44" N - 76° 34' 46" W; thence 272° 
(M) 950 yards to a point on shore 
35° 25' 41" N-76° 35' 22" W. 
(ii) Bound by a line beginning at a point 
on shore 35° 25' 50" N - 76° 35' 
37" W running 050° (M) 1 150 yards 
to a point at 35° 26' 17" N - 76° 35' 
10" W; thence northerly following 
the six foot depth contour to a point 
35° 26' 54" N - 76° 36' 09" W; 
thence 314° (M) 350 yards to a point 
on shore 35° 27' 00" N - 76° 36' 
20" W. 
(iii) Bound by a line beginning at a point 
on shore 35° 27' 14" N - 76° 36' 
26" W running 077° (M) 800 yards 
to a point 35° 27' 23" N - 76° 36' 
02" W; thence northerly following 
the six foot depth contour to a point 
off Windmill Point 35° 30' 50" N - 
76° 38' 09" W; thence 076° (M) to 
a point 200 yards west of Daymarker 
No. 3 35° 31' 21" N -76° 36' 37" 
W; thence 312° (M) to a point at the 
"Breakwater" 35° 31' 36" N - 76° 
37' 05" W. 
(iv) All coastal waters bound by a line 



begiiming at a point at the 
"Breakwater" 200 yards northeast of 
Beacon No. 6 35° 31' 47" N - 76° 
36' 51" W running 132° (M) to a 
point 200 yards from Daymarker No. 
4 35° 31' 31" N - 76° 36' 21" W; 
thence miming 102° (M) to a point 
35° 31' 28" N - 76° 35' 59" W; 
thence running 010° (M) to Beacon 
No. 1; thence running 045° (M) 700 
yards to a point on shore 35° 32' 22" 
N-76° 35' 42" W. 
(v) All coastal waters north and east of a 
line begiiming at a point on shore 
west of Lower Dowry Creek 35° 32' 
25" N - 76° 35' 07" W running 177° 
(M) 1950 yards to a point 200 yards 
north of Daymarker No. 11 35° 31' 
31" N - 76° 35' 06" W; thence 
easterly parallel to the marked 
navigation channel at a distance of 
200 yards to a point on the shore 
northwest of Wilkerson Creek 35° 
33' 13" N-76° 27' 36" W. 

(vi) All coastal waters south of a line 
beginning on shore south of 
Wilkerson Creek 35° 33' 02" N - 
76° 27' 20" W running westerly 
parallel to the marked navigation 
channel at a distance of 200 yards to 
a point southeast of Daymarker No. 
14 35° 31' 05" N - 76° 32' 34" W; 
thence running 208° (M) to a point 
on shore 35° 30' 28" N - 76° 32' 
47" W. 

(vii) All coastal waters bound by a line 
beginning on shore east of Durants 
Point 35° 30' 29" N - 76° 33' 25" 
W running 347° (M) to a point 
southwest of Daymarker No. 12 35° 
31' 08" N - 76° 33' 53" W; thence 
westerly parallel to the marked 
navigation channel at a distance of 
200 yards to a point south of Beacon 
No. 10 35° 31' 08" N-76° 35' 35" 
W; thence running 185° (M) to a 
point at the six foot depth contour 
between Beacon No. 8 and the 
eastern shore of Pungo River 35 ° 30' 
08" N - 76° 35' 28" W; thence 
following the six foot depth contour 
to a point 35° 28' 09" N - 76° 33' 
43" W; thence 127° (M) to a point 
on shore 35° 28' 00" N - 76° 33' 
25" W; thence 159° (M) to a point at 
the six foot depth contour 35° 27' 
40" N - 76° 33' 12" W including the 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2246 



APPROVED RULES 



waters of Slades Creek and its 
tributaries; thence 209 (M) to a 
point on shore 35" 27' 22" N - 76° 
33' 21" W; thence 272' (M) to a 
point at the six foot depth contour 
35° 27' 18" N - 76^ 33' 53" W; 
thence southerly following the six 
foot depth contour to a point south of 
Sandy Point 35^ 26' 35" N - 76° 33' 
50" W; thence 087° (M) to a point 
on shore 35^ 26' 38" N - 76° 33' 
34" W. 
(viii) In that area bound by a line 
beginning at a point on shore 35 ° 26' 
20""' N - 76' 33' 18" W running 176° 
(M) to a point at the six foot depth 
contour 35' 26' 05" N - 76' 33' 13" 
W; thence southerly following the six 
foot depth contour throughout 
Fortescue Creek to a point off 
Fortescue Creek 35° 25' 44" N - 76° 
32' 09" W; thence 145° (M) to a 
point on shore 35' 25' 36" N - 76° 
32' 01" W. 
(ix) In that area bound by a line 
beginning at a point on shore 35' 25' 
20" N - 76° 32' 01" W running 258° 
(M) to a point at the six foot depth 
contour 35' 25' 17" N - 76' 32' 18" 
W; thence following the six foot 
depth contour to the intersection of 
the line from a point 500 yards west 
of Currituck Point 35° 24' 30" N - 
76° 32' 42" W; thence southeasterly 
parallel to the shoreline and including 
Abel Bay at a distance of 500 yards 
to a point at the intersection of the 
line from Pamlico Point to Willow 
Point 35= 22' 09" N - 76' 28' 48" 
W. 
(6) In Bay River west of a line begiiming at a point on 
Maw Point 35° 09' 02" N - 76° 32' 09" W 
running 022° (M) to a point on Bay Point 35° 11' 
02" N - 76' 31' 34" W, pots may be used in the 
following areas: 

(A) In that area beginning at a point on Maw 
Pomt 35' 09' 02" N - 76' 32' 09" W; 
rimning 018' (M) to Green Day marker No. 
1; thence 223° (M) to a point on shore in 
Fisherman Bay 35' 09' 18" N - 76° 32' 
23" W. 

(B) In Fisherman Bay bound by a line beginning 
at a point on the shore west of Maw Point 
35° 09' 18" N - 76° 33' 02" W; thence 
351° (M) 3200 yards to lighted Beacon No. 
3 in Bay River; thence 230 (M) 1200 yards 
to a point on the shore 35' 10' 24" N - 76° 
34' 00" W. 



(C) In that area bound by a line begiiming at a 
point on the east shore at the mouth of 
Bonners Bay 35° 10' 05" N - 76° 35' 18" 
W; thence 306° (M) 300 yards to a point in 
Bay River, 35' 10' 10" N - 76° 35' 30" W; 
thence parallel to the shoreline no more than 
300 yards from shore to a point in Bay 
River 35° 10' 40" N - 76° 34' 42" W; 
thence 188° (M) to a point on shore 35° 10' 
27" N -76° 34' 42" W. 

(D) In Bonner Bay bound by a line begiiming at 
a point on the east shore 35° 10' 05" N - 
76° 35' 18" W running 306° (M) 200 yards 
to a point 35° 10' 09" N - 76° 35' 25" W; 
thence parallel to the shoreline no more than 
200 yards offshore to a point 35 ° 09' 16" N 
- 76° 35' 18" W; thence 097° (M) 200 
yards to a point on shore 35° 09' 16" N - 
76° 35' 13" W. 

(E) In Bonner Bay, Spring Creek and Long 
Creek south of a line beginning at a point 
on the east shore 35° 09' 16" N - 76° 35' 
13" W running 274' (M) to a point on the 
west shore 35° 09' 14" N - 76° 35' 43" W. 

(F) In Bonner Bay bound by a line beginning at 
a point on the west shore 35' 09' 14" N - 
76° 35' 44" W running 094° (M) 100 yards 
to a point 35' 09' 13" N - 76° 35' 39" W; 
thence parallel to the shoreline no more than 
100 yards offshore to a jxjint in Riggs Creek 
35° 09' 15" N - 76' 36' 08" W; thence 
142° (M) to a point on shore 35° 09' 13" N 
-76° 36' 08" W. 

(G) In that area bound by a line beginning on 
the south shore of Bay River west of Bell 
Point 35° 09' 40" N - 76° 40' GO" W, 
running 314° (M) to a point 200 yards 
offshore 35° 09' 43" N - 76° 40' 06" W; 
thence no more than 200 yards from the 
shoreline to a point 35' 09' 53" N - 76° 36' 
45" W; thence 102' (M) to a point 35° 09' 
50" N-76°35'54"W; thence 181° (M) to 
a point 35° 09' 36" N - 76° 35' 51" W; 
thence 237° (M) to a point in Riggs Creek 
35° 09' 18" N - 76' 36' 12" W; thence 
322° (M) to a point on shore at the mouth 
of Riggs Creek 35' 09' 21" N - 76° 36' 
18" W. 

(H) In that area on the south side of Bay River 
bound by a line beginning at a point on 
shore at the confluence of Bay River and 
Trent Creek 35° 08' 27" N - 76° 43' 12" 
W running 016° (M) 150 yards to a point 
35° 08' 31" N-76° 43' IT'W; thence no 
more than 150 yards from shore to a point 
35° 08' 57" N - 76' 40' 19" W; thence 
116° (M) to a point on shore at Moores 
Creek 35° 08' 57" N - 76° 40' 14" W. 



2247 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



(I) In Bay River and Trent Creek west of a line 
beginning at a point on the south shore 35 " 
08' 27" N - 76° 43' 12" W running 016° 
(M) to a point on the north shore 35° 08' 
41" N -76° 43' 09" W. 

(J) In that area on the north shore of Bay River 
bound by a line beginning at a point west of 
Vandemere Creek 35° 10' 53" N - 76° 39' 
42" W running 135° (M) 150 yards to a 
point 35° 10' 52" N - 76° 39' 39" W; 
thence no more than 150 yards from shore 
to a point at the confluence of Bay River 
and Trent Creek 35° 08' 37" N - 76° 43' 
10" W; thence to a point on the north shore 
35° 08' 39" N -76° 43' 09" W. 

(K) In Vandemere Creek northeast of a line 
beginning at a point on the east shore 35° 
11' 04" N - 76° 39' 22" W running 315° 
(M) to a point on the west shore 35° 11' 
12" N-76° 39' 36" W. 

(L) In that area bound by a line beginning at a 
point at the mouth of Vandemere Creek 35 ° 
11' 04" N -76° 39' 22" W, running 216° 
(M) 200 yards to a point in Bay River 35° 
10' 58" N - 76° 39' 25" W; thence parallel 
to the shoreline no more than 200 yards 
from shore to a point in Bay River 
northwest of Beacon No. 4 35° 10' 40" N 

- 76° 36' 38" W; thence 344° (M) 200 
yards to a point on shore 35' 10' 45" N - 
76° 36' 42" W. 

(M) In that area bound by a line beginning at a 
point on Sanders Point 35° 11' 19" N - 76° 
35' 54" W; running 067° (M) 200 yards to 
a point 35° 11' 23" N - 76° 35' 47" W; 
thence following the shoreline no more than 
200 yards from shore to a point in Bay 
River northwest of Beacon No. 4 35° 10' 
40" N - 76° 36' 38" W; thence 344° (M) 
200 yards to a point on the shore 35' 10' 
45" N -76° 36' 42" W. 

(N) In that area beginning at a point on shore 
35° 11' 53" N - 76° 35' 54" W of a line 
running 170° (M) to a point 35° 1 1 ' 40" N 

- 76° 35' 51" W; thence parallel to the 
shoreline no more than 500 yards from 
shore to a point 35° 11' 57" N - 76° 35' 
05" W; thence running 344' (M) to a point 
on shore at the mouth of Gales Creek 35 ° 
12' 10" N-76° 35' 12" W. 

(O) In that area bound by a line beginning at a 
point on shore at the mouth of Gale Creek 
35° 12" 08" N - 76° 34' 52" W, running 
278° (M) 200 yards to a point in Bay River 
35° 12' 08" N - 76' 35' 02" W; thence 
running parallel to the shoreline at a 
distance of 200 yards to a point in Bay 



River 35° 11' 32" N - 76° 33' 24" W; 

thence running 352° (M) 200 yards to a 

point on shore at Dump Creek 35° 11 ' 39" 

N -76' 33' 25" W. 

(P) In Gale Creek except the Intracoastal 

Waterway north of a line begiiming at a 

point on the west shore 35° 12' 08" N - 76° 

35' 12" W running 098° (M) to a point on 

the west shore 35° 12' 08" N - 76° 34' 52" 

W. 

(Q) In an area bound by a line begiiming at a 

point on the eastern shore at the mouth of 

Rockhole Bay 35° 11' 06" N - 76° 32' 1 1 " 

W; thence 180° (M) 600 yards to a point in 

Bay River 35° 10' 49" N - 76° 32' 09" W; 

thence east with the five foot curve 1100 

yards to a point 35' 10' 36" N - 76° 31' 

30" W; thence 000° (M) 850 yards to a 

point on Bay Point 35° 11' 02" N - 76° 31' 

34" W. 

(7) In the Neuse River and West Bay Area south and 

west of a line beginning at a point on Maw Point 

35° 09' 02" N - 76° 32' 09" W, running 137° 

(M) through the Maw Point Shoal Day Marker 

No. 2 and through the Neuse River Entrance Light 

to a point at the mouth of West Bay 35° 02' 09" N 

- 76° 21' 53" W, pots may be set in the following 

areas: 

(A) All coastal fishing waters northwest of a 
line beginning at a point at the mouth of 
Slocum Creek 34° 57' 02" N - 76° 53' 42" 
W, running 029° (M) to a point at the 
mouth of Beards Creek 35° 00' 08" N - 76° 
52' 13" W. Pots may also be set in coastal 
fishing waters of Goose Bay and Upper 
Broad Creek. 

(B) In that area bound by a line begiiming at a 
point on the north shore at Mill Creek 34° 
59' 34" N - 76° 51' 06" W; thence running 
223° (M) approximately 300 yards into the 
river to a point 34° 59' 25" N - 76° 51' 
14" W; thence along the six foot depth 
curve southeast to a point at the rock jetty 
34° 58' 06" N - 76° 49' 14" W; thence 
016° (M) approximately 300 yards to a 
point on the shore 34' 58' 17" N - 76° 49' 
12" W. 

(C) In that area bound by a line beginning at a 
point on the north shore approximately 500 
yards west of Pierson Point 34' 58' 32" N 

- 76° 46' 38" W; thence running 171° (M) 
approximately 300 yards into the river to a 
point 34° 58' 24" N - 76° 46' 34" W; 
thence east and northeast along the six foot 
curve to a point in the river 34° 58' 47" N 

- 76' 45' 39" W; thence 330° (M) 
approximately 700 yards to a point on the 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2248 



APPROVED RULES 



shore 50 yards west of an existing pier 34" 
59' 04" N -76 45' 54" W. 

(D) In that area bound by a line beginning at a 
point on the north shore east of Dawson 
Creek Bridge 34 59' 34" N - 76M5' 12" 
W; thence running 244' (M) approximately 
500 yards to Day Marker No. 4 (entrance to 
Dawson Creek Channel); thence running 
east 117= (M) to a point 34' 59' 22" N - 
76' 45' 19" W; thence east and northeast 
along the six foot curve to a point 50 yards 
west of Day Marker No. 3 (channel to 
Oriental) 35' 01' 02" N -76' 41' 51" W; 
thence 303' (M) approximately 600 yards to 
a point on the eastern tip of Windmill Point 
35' or 10" N -76' 42' 08" W. 

(E) In Greens Creek (Oriental) west of a line at 
the confluence of Greens and Kershaw 
Creeks beginning at a point on the south 
shore 35' 01' 28" N - 76' 42' 55" W 
running 005° (M) to a point on the north 
shore 35' 01' 38" N - 76' 42' 54" W, no 
more than 75 yards from the shoreline east 
of this line to the Highway 55 bridge. 

(F) In that area bound by a line beginning at a 
point on Whittaker Point 35' 01' 37" N - 
76' 40' 56" W; thence running 192' (M) 
approximately 500 yards to a point in the 
river 35' 01' 23" N - 76' 40' 57" W; 
thence along the six foot depth curve 
northeast to a point in the river off Orchard 
Creek 35' 03' 18" N - 76' 37' 53" W; 
thence 280' (M) approximately 900 yards to 
a point on the eastern tip of Cockle Point 
35' 03' 20" N - 76' 38' 27" W. 

(G) In that area bound by a line beginning at a 
point on the north shore near the mouth of 
Orchard Creek 35 ' 03' 38" N - 76' 37' 54" 
W running 177' (M) approximately 400 
yards to a point 35' 03' 27" N - 76' 37' 
54" W; thence along the six foot depth 
curve to a point eastward; thence 174' (M) 
600 yards to a point on the north shore 35° 
03' 56" N -76' 36' 42" W. 

(H) In that area bound by a line begiiming at a 
point on the north shore approximately 400 
yards south of Gum Thicket Creek 35' 04' 
12" N - 76" 36' 11" W; thence ruiming 
132' (M) approximately 600 yards to a 
point 35' 03' 55" N - 76' 35' 48" W; 
thence along the six foot depth curve 
eastward to a point 35 ' 04' 10" N - 76° 34' 
37" W; thence 304° (M) to a point on the 
shore 400 yards north of Gum Thicket 
Creek 35' 04' 38" N - 76° 35' 42" W. 
(I) In Lower Broad Creek west of a line 
running 188 (M) through Red Day Marker 
No. 4. No more than 150 vards from shore 



between a line running 188' (M) through 
Red Day Marker No. 4 and a line ruiming 
228° (M) through Green Marker No. 3. 
Pots may not be set in Burton Creek. 
(J) Piney Point Shoal Area, in that area bound 
by a line beginning at a point on the north 
side of a creek (locally known as Wadin or 
Persimmon Creek) 35' 07' 17" N - 76° 33' 
26" W running 115° (M) approximately 
300 yards to a point near the six foot depth 
curve 35' 07' 15" N - 76° 33' 16" W; 
thence south and southeast along the six foot 
depth curve to a point east of the old 
lighthouse 35° 05' 17" N - 76° 32' 42" W; 
thence 288° (M) through the old lighthouse 
to a point on shore north of Red Day 
Marker No. 2 at the mouth of Broad Creek 
35° 05' 42" N-76' 35' 18" W. 

(K) In that area bound by a line beginning at a 
point on the south shore of Maw Bay 35° 
08' 32" N - 76' 32' 38" W; thence running 
114° (M) to Maw Point Shoal Day Marker 
No. 2; thence 317' (M) to Maw Point 35° 
08' 55" N -76° 32' U" W. 

(L) In that area east of Slocum Creek bound by 
a line begiiming at a point 34' 57' 02" N - 
76° 53' 42" W; thence running 029° (M) 
approximately 1 100 yards to a point 34° 57' 
32" N - 76' 53' 28" W; thence along the 
six foot curve to a point 34° 56' 34" N - 
76' 49' 38" W; thence 176° (M) 
approximately 300 yards to a point 34' 56' 
26" N -76° 49' 35" W. 

(M) In that area bound by a line begiiming at a 
point 34' 56' 22" N - 76° 49' 05" W, 
running 057° (M) approximately 1 100 yards 
to Day Marker "2" off Cherry Point; thence 
097° (M) approximately 200 yards to a 
point 34° 56' 42" N - 76° 48' 27" W; 
thence along the six foot curve to a point 
34' 55' lO*"' N - 76' 45' 40" W; thence 
187° (M) approximately 400 yards to a 
point on Temple Point 34° 54' 58" N - 76° 
45' 40" W. 

(N) In that area southeast of a line begiiming at 
a point at the mouth of Clubfoot Creek 34 ° 
55' 20" N - 76' 45' 09" W running 076° 
(M) to a point on shore 34° 55' 37" N - 76° 
44' 23" W. 

(O) In Clubfoot Creek south of a line beginning 
at a point on the east shore 34° 54' 30" N - 
76 45' 26" W, running 284° (M) to a 
point on the west shore 34' 54' 33" N - 76' 
45' 43" W. Pots may be set 50 yards from 
shore north of this line. 

(P) In that area boimd by a line beginning at the 
western tip of Great Island 34° 55' 47" N - 
76' 44' 50" W; thence running 275° (M) 



2249 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



approximately 500 yards to a point 34° 55' 
46" N - 76° 45' 07" W; thence 029° (M) 
approximately 1400 yards to a point 34° 56' 
24" N - 76° 44' 48" W; thence 120° (M) to 
a point 34° 56' 06" N - 76° 43' 59" W; 
thence 232° (M) to a point on Great Island 
34° 55' 50" N-76° 44' 17" W. 

(Q) In that area bound by a line beginning at a 
point west of Long Creek 34° 55' 38" N - 
76° 44' 18" W running 064° (M) to a point 
34° 55' 57" N - 76° 43' 43" W; thence 
138° (M) to a point on shore at the mouth 
of Great Neck Creek 34° 55' 50" N - 76° 
43'25"W. 

(R) In that area bound by a line beginning at a 
point at the mouth of Great Neck Creek 34° 
55' 50" N - 76° 43' 25" W, running 318° 
(M) 750 yards to a point 34° 56' 04" N - 
76° 43' 47" W; thence following the 
shoreline no more than 750 yards from 
shore to a point 34° 56' 50" N - 76° 43' 
11" W; thence 116° (M) 750 yards to a 
point on shore at Courts Creek 34° 56' 42" 
N-76° 42' 46" W. 

(S) In that area bound by a line begiiming at a 
point on Courts Creek 34° 56' 42" N - 76° 
42' 46" W, running 296° (M) 1000 yards to 
a point 34° 56' 52" N - 76° 43' 20" W; 
thence parallel with the shoreline no more 
than 1000 yards to a point 34° 57' 53" N - 
76° 41' 59" W; thence 190° (M) 1000 
yards to a point on shore 34° 57' 24" N - 
76° 42' 00" W. 

(T) In that area bound by a line begiiming at a 
point on shore, 34° 57' 24" N - 76° 42' 
00" W, running 010° (M) 500 yards to a 
point 34° 57' 38" N - 76° 42' 00" W; 
thence running parallel to the shoreline no 
more than 500 yards from shore to a point 
34° 57' 33" N - 76° 41' 00" W; thence 
179° (M) to a point 34° 57' 23" N - 76° 
40' 58" W; thence 260° (M) to a point on 
shore at the mouth of Adams Creek 34° 57' 
22" N -76° 41' 10" W. 

(U) In that area bound by a line beginning at a 
point on the northeast side of Adams Creek 
34° 57' 30" N - 76° 40' 36" W; thence 
278° (M) 225 yards offshore to a point 34° 
57' 30" N - 76° 40' 45" W; thence 359° 
(M) to a point off Winthrop Point 34° 58' 
26" N - 76° 40' 56" W; thence running 
056° (M) to a point off Cedar Point 34° 59' 
07" N - 76° 40' 04" W; thence 140° (M) to 
the shoreline on Cedar Point 34° 58' 50" N 
-76° 39' 41" W. 

(V) In that area bound by a line beginning at a 
point on Cedar Point 34° 58' 50" N - 76° 



39' 41" W, running 320° (M) 750 yards to 
a point 34° 59' 05" N - 76° 40' 01" W; 
thence parallel to the shoreline no more than 
750 yards from shore to a point 34° 59' 16" 
N - 76° 39' 31" W; thence 167° (M) to a 
point on shore 34° 58' 56" N - 76° 39' 21 " 
W. 
(W) In that area bound by a line begiiming at a 
point on shore 34° 58' 56" N - 76° 39' 21 " 
W running 347° (M) to a point 34° 59' 03" 
N - 76° 39' 24" W; thence parallel to the 
shoreline no more than 200 yards from 
shore to a point 34° 59' 08" N - 76° 38' 
47" W; thence 184° (M) to a point on shore 
34° 59' 01" N-76° 35' 25" W. 
(X) In that area bound by a line beginning at a 
point west of Garbacon Creek 34° 59' 01 " 
N - 76° 38' 43" W, running 004° (M) 750 
yards to a point 34° 59' 23" N - 76° 38' 
46" W; thence parallel with the shoreline no 
more than 750 yards from shore to a point 
off Browns Creek 35° 00' 20" N - 76° 33' 
45" W; thence 172° (M) to the shoreline on 
the west side of Browns Creek 34° 59' 57" 
N-76° 33' 35" W. 
(Y) In that area bound by a line beginning at a 
point on shore at the mouth of Browns 
Creek 34° 59' 55" N - 76° 33' 29" W, 
running 352° (M) 750 yards to a point on 
35° 00' 22" N - 76° 33' 34" W; thence 
parallel to the shoreline no more than 750 
yards from shore to a point 35° 01 ' 45" N 
- 76° 29' 51" W; thence 162° (M) 750 
yards to a point on shore north of Cedar 
Bay Point 35° 01' 22" N - 76° 29' 34" W. 
(Z) In that area bound by a line beginning on 
the north side of Rattan Bay at a point on 
the shoreline 35° 03' 45" N - 76° 28' 32" 
W; thence running 316° (M) 600 yards 
offshore to a point 35° 03' 54" N - 76° 28' 
52" W; thence running parallel with the 
shoreline 600 yards offshore to a point 35° 
04' 09" N - 76° 26' 44" W; thence 239° 
(M) 600 yards to a point on shore 35° 04' 
57" N-76° 27' 00" W. 
(AA) In Adams Creek: 

(i) Between a line running 080° (M) 
through Red Flasher No. 4 at the 
mouth of Adams Creek and a line 
beginning at a point on the south 
shore of Cedar Creek 34° 55' 52" N 
- 76° 38' 49" W, running 297° (M) 
to a point on the west shore of 
Adams Creek 34° 56' 03" N - 76° 
39' 27" W, no more than 200 yards 
from shore, 
(ii) Between a line beginning at a point at 



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APPROVED RULES 



the mouih of Cedar Creek 34' 55' 
52" N - 76" 38' 49" W; running 
297" (M) to a point on the west 
shore of Adams Creek 34 ' 56' 03 " N 

- 76" 39' 27" W, and a line 
beginning at a point on the east shore 
34= 54' 55" N - 76° 39' 36" W; 
running 280" (M) to a point on the 
west shore 34' 54' 55" N - 76° 40' 
01 " W; no more than 300 yards from 
the west shore and 200 yards from 
the east shore. 

(iii) South of a line beginning at a point 
on the east shore 34' 54' 55" N - 
76° 39' 36" W, running 280° (M) to 
a point on the west shore 34° 54' 55 " 
N - 76' 40' 01" W, except in the 
marked navigation channel. 
(BB) In South River; 

(i) Southeast of a line beginning at a 
point on the southwest shore 34° 58' 
35" N - 76° 35' 25" W, running 
049° (M) through Red Flasher No. 2 
to a point on the northeast shore 34° 
59' 07" N - 76° 34' 52" W, no more 
than 200 yards from the shoreline, 
(ii) That area bound by a line beginning 
at a point on the southwest shore 34 ° 
58' 35" N - 76° 35' 25" W, running 
049° (M) to Red Flasher No. 2; 
thence running 207° (M) to a point 
north of Hardy Creek 34° 58' 13" N 

- 76° 35' 22" W; thence following 
the shoreline to the point of 
beginning. 

(CC) In Tumagain Bay: 

(i) Between a line running 077° (M) 
through Green Flasher No. 1 and a 
line beginning at a point on the east 
shore 34° 59' 04" N - 76° 29' 01" 
W; running 276° (M) to a point on 
the west shore 34° 59' 03" N - 76° 
29' 28" W, no more than 300 yards 
on the east shore and 100 yards on 
the west shore. 

(ii) Between a line beginning at a point 
on the east shore 34° 59' 04" N - 
76° 29' 01" W, running 276° (M) to 
a point on the west shore 34 ' 59' 03 " 
N - 76' 29' 28" W, and a line 
beginning at a point on the east shore 
34° 57' 56" N - 76° 29' 25" W, 
running 275° (M) to a point on the 
west shore 34° 57' 58" N - 76° 29' 
44" W, no more than 150 yards from 
shore. 
(DD) In West Bay - North Bay area: 

(i) In that area bound by a line 



beginning at a point 35 ° 02 ' 32 " N - 

76° 22' 27" W; thence southwest 

220° (M) to Marker No. 5 WB; 

thence southeast 161 ° (M) to a point 

in West Bay 35° 00' 34" N - 76° 21' 

50" W; thence southwest 184° (M) 

to Deep Bend Point 34° 58' 36" N - 

76° 21' 48" W; thence following the 

shoreline of West Bay and North Bay 

to a point 35' 02' 09" N - 76° 21' 

53" W; thence 317 (M) to the 

beginning point. 

(ii) In West Bay bound by a line 

beginning at a point on shore 35 ° 03 ' 

34" N - 76° 26' 24" W, running 

033° (M) 100 yards to a point 35° 

03' 38" N - 76° 26' 23" W; thence 

parallel to the shoreline no more than 

100 yards from shore to a point 35° 

00' 06" N - 76° 25' 24" W, running 

278° (M) to a point on shore 35° 00' 

06" N-76° 25' 28" W. 

(iii) In West Bay bound by a line 

beginning at a point 35° 00' 06" N - 

76° 25' 28" W, running 098° (M) 

500 yards to a point 35° 00' 06" N - 

76° 25' 12" W; thence 171° (M) 

2800 yards to a point 34° 58' 45" N 

- 76° 24' 42" W; thence 270° (M) 

1400 yards to a point on shore 34° 

58' 39" N-76° 25' 22" W. 

(EE) In West Thorofare Bay and MerkJe Bay 

south and southeast of a line beginning at a 

point in West Bay at Tump Point 34° 58' 

42" N - 76° 22' 49" W; thence southwest 

258° (M) to Marker Fl R15 ft. 3M 8 WB; 

thence southwest 203° (M) to Long Bay 

Point 34° 57' 52" N - 76° 24' 12" W. 

(FF) In Long Bay: 

(i) In that area bound by a line 
beginning at a point on the south side 
of Stump Bay in Long Bay 34° 57' 
13" N - 76' 27' 12" W; running 
northeast 077' (M) across Stump Bay 
to a point 34' 57' 39" N - 76' 25' 
51" W; thence 032° (M) to a point 
34° 58' 39" N - 76° 25' 22" W, 
following the shoreline to the 
beginning point, 
(ii) Southwest of a line begiiming on the 
west shore 34' 57' 13" N - 76° 27' 
12" W, running 134° (M) to a point 
on the east shore at Swimming Point 
34° 56' 46" N - 76° 26' 26" W. 
(iii) In the area bound by a line beginning 
at a point on shore at Swimming 
Point 34° 56' 46" N - 76° 26' 26" 
W, running 314° (M) 300 yards to a 



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point 34" 56' 52" N - 76" 26' 33" 

W; thence parallel to the shoreline no 

more than 300 yards from shore to a 

point 34" 58' 03" N - 76" 24' 10" 

W; thence 203" (M) to Long Bay 

Point 34" 57' 52" N - 76° 24' 12" 

W. 

(GG) Raccoon Island, on the northeast shore 

between a point on the northwest shore 35° 

04' 27" N - 76" 26' 16" W and a point on 

the southwest shore 35" 04' 00" N - 76° 

25' 33" W from the shoreline no more than 

150 yards from shore; on the south and west 

shores, no more than 50 yards from the 

shoreline. 

(8) Core Sound, Back Sound and the Straits and their 
tributaries. 

(9) North River: 

(A) In that area bound by a line beginning at a 
point on the shore on the east side of North 
River south of Goose Bay 34° 43' 35" N - 
76° 34' 55" W; thence running 252" (M) to 
a point in the river 34" 43' 28" N - 76° 35' 
14" W; thence rurming 355° (M) to a point 
in the river 34" 45' 20" N- 76° 35' 45" W; 
thence miming 060" (M) to a point in the 
river 34° 45' 45" N - 76° 35' 04" W; 
thence running 165° (M) to a point on the 
shore at the mouth of South Leopard Creek 
34° 45' 36" N - 76° 34' 59" W; thence 
with the shoreline to the point of begiiming. 

(B) In that area bound by a line beginning at a 
point on the west side of North River near 
Steep Point 34" 43' 40" N - 76" 37' 20" 
W; thence miming 040" (M) to a point 34" 
44' 35" N - 76° 36' 36" W; thence miming 
291" M 300 yards to a point 34" 44' 37" N 
- 76° 36' 45" W; thence mnning 219° (M) 
to a point 34" 44' 13" N - 76° 37' 05" W; 
thence nmning 307" (M) to a point 34° 44' 
16" N - 76" 37' 12" W; thence mnning 
018° (M) to a point 34° 45' 20" N - 76 = 
36' 56" W following the shoreline to the 
beginning point. 

(C) In that area of the North River marshes 
bound by a line beginning at Red Flasher 
No. "6" mnning 038" (M) along the 
southeast side of Steep Point Channel 
through Red Day Marker No. "8" to a point 
34" 44' 08" N - 76" 36' 52" W; thence 
125" (M) to a point 34" 43' 48" N - 76° 
36' 08" W; thence 144" (M) to a point 34° 
43' 30" N - 76° 35' 47" W; thence 188" 
(M) to a point 34° 42' 23" N -76" 35' 47" 
W; thence 221" (M) to Red Flasher No. 
"56"; thence 278° (M) to a point 34" 42' 
14" N - 76" 36' 43" W; thence 346° (M) to 



a point 34° 42' 45" N - 76° 36' 58" W; 
thence 008° (M) to a point 34° 43' 14" N - 
76° 36' 58" W; thence 318° (M) to the 
beginning point. 
(D) In the area north of a line beginning on the 
east shore at 34° 46' 11" N - 76° 35' 13" 
W; thence mnning 270° (M) to a point on 
the west shore at 34° 46' 11" N - 76" 37' 
01" W. 

(10) Newport River: 

(A) In that area east and south of a line 
beginning at a point on the south shore 34° 
45' 30" N - 76" 43' 10" W; thence mnning 
026" (M) to a point on the north shore 
Newport River near Oyster Creek; thence 
following the shoreline to a point on the 
west bank of Core Creek at 34° 47' 05" N 
-76° 41' 14" W; thence mnning 099° (M) 
through Marker "21 " to a point on the east 
shore at 34° 47' 05" N - 76° 41' 10" W; 
thence following the shoreline southward to 
Gallant Point at 34° 44' 00" N - 76° 40' 
19" W; thence running 271 " (M) to Marker 
"2" at 34° 43' 58" N - 76° 40' 32" W; 
thence mnning 148° (M) to a point at 34° 
43' 42" N - 76° 40' 05" W; thence mnning 
182° (M) to a point at 34° 43' 21" N - 76° 
40' 11" W at the Beaufort Causeway; 
thence nmning west with U.S. Highway 70 
and the shoreline as the southern border to 
the point of beginning. 

(B) In that area north and east of a line 
beginning at Peim Point 34° 45' 44" N - 
76" 43' 35" W; thence mnning 022° (M) to 
a point on the north shore 34° 46' 47" N - 
76" 43' 15" W near White Rock. 

(11) Bogue Sound: 

(A) In that area bound by a line beginning at a 
point 34° 40' 33" N - 77° 00' 48" W on 
the south shore of Bogue Sound at Archer 
Point nmning 014° (M) to Channel Marker 
No. 37 at 34" 41' 15" N - 77" 00' 43" W 
and in the east by the Atlantic Beach 
Bridge. 

(B) In that area north of the Intracoastal 
Waterway beginning at the Atlantic Beach 
Bridge and mnning parallel with the 
Intracoastal Waterway to the Highway 58 
Bridge. 

(12) Designated primary nursery areas in all coastal 
fishing waters which are listed in 15 A NCAC 3R 
.0103, except Burton Creek off Lower Broad 
Creek in Pamlico County. 

(13) West and south of the Highway 58 Bridge at 
Emerald Isle from May 1 through October 31 in 
areas and during such times as the Fisheries 
Director shall designate by proclamation. 



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APPROVED RULES 



fb) It is unlawful to use pots from May 1 through October 
31 in the areas described in Subparagraphs (b)(1) through (6) 
of this Rule except in accordance with 15A NCAC 3J 
.0301(a)(2)(B): 

(1) In Wy socking Bay: 

(A) Bound by a line beginning at a point on the 
south shore of Lone Tree Creek 35 ' 25 ' 05 " 
N - 76= 02' 05" W running 239= (M) 1000 
yards to a point 35' 24' 46" N - 76^ 02' 
32" W; thence 336= (M) 2200 yards to a 
point 35= 25' 42" N - 76' 03' 16" W; 
thence 062^ (M) 750 yards to a point on 
shore 35= 25' 54" N - 76' 02' 54" W; 
thence following the shoreline and the Lone 
Tree Creek primary nursery area line to the 
beginning point; 

(B) Bound by a line beginning at a point on the 
south shore of Mt. Pleasant Bay 35' 23' 
07" N - 76' 04' 12" W running 083' (M) 
1200 yards to a point 35= 23' 17" N - 76' 
03' 32" W; thence 023' (M) 2400 yards to 
a point 35= 24' 35" N - 76' 04' 00" W; 
thence 299= (M) 1100 yards to point on 
shore 35= 24' 38" N - 76' 04' 48" W; 
thence following the shoreline and the 
Browns Island and Mt. Pleasant Bay 
primary nursery area line to the beginning 
point; except pots may be set no more than 
50 yards from the shoreline; 

(2) In Juniper Bay bound by a line beginning at a 
point on Juniper Bay Point 35' 20' 18" N - 76' 
1 3 ' 22 " W running 275 ' (M) 2300 yards to a point 
35' 20' 15" N - 76' 14' 45" W; thence 007' (M) 
2100 yards to Daymarker No. 3; thence 040' (M) 
1100 yards to a point on shore 35' 21' 45" N - 
76' 14' 24" W; thence following the shoreline and 
the Buck Creek primary nursery area line to the 
beginning point; 

(3) In Rose Bay bound by a line beginning at a point 
southwest of Swan Point 35' 23' 56" N - 76' 23' 
39" W running 288= (M) 1500 yards to a point 
35' 24' 03" N - 76' 24' 33" W; thence 162' (M) 
1650 yards to a point 35' 23' 19" N - 76= 24' 04" 
W; thence 084= (M) 1350 yards to a point on 
shore 35= 23' 29" N - 76' 23' 17" W; thence 
following the shoreline to the beginning point; 

(4) In Spencer Bay bound by a line begiiming at a 
point on shore at Willow Point 35' 22' 26" N - 
76' 28' 00" W running 059' (M) 1700 yards to a 
point 35= 22' 57" N-7^6' 27' 13" W; thence 317 = 
(M) 1500 yards to a point 35' 23' 25" N -76' 27' 
57" W; thence 243' (M) 1300 yards to a point on 
shore 35' 23' 02" N - 76' 28' 35" W; thence 
following the shoreline to the begiiming point; 

(5) In Bay River, begiiming at a point on shore at 
Moore Creek 35' 08' 51" N - 76= 40' 14" W; 
running 296= (M) to a point 35' 08' 59" N - 76' 
50' 19" W; thence no more than 150 vards from 



shore to a point 35' 09' 43" N - 76' 40' 06" W; 
thence running 134' (M) to a point on shore west 
of Bell Point 35' 09' 40" N - 76M0' 00" W; 
(6) In Neuse River: 

(A) Beginning at a point on shore north of Swan 
Creek 35' 07' 17" N - 76' 33' 26" W 
running 115' (M) to a point near the six 
foot depth contour 35' 07' 15" N - 76' 33' 
16" W; thence running 074° (M) to Beacon 
No. 2 at Maw Point Shoal; thence running 
294' (M) to a point on shore 35 ' 08' 30" N 

- 76' 32' 36" W; thence following the 
shoreline to the beginning point 35° 07' 17" 
N-76' 33' 26" W; 

(B) Beginning at a point on shore north of Gum 
Thicket Creek 35 ' 04' 40" N-76' 35' 38" 
W; thence running 129' (M) to a point 35° 
04' 12" N - 76' 34' 37" W; thence running 
355' (M) to Beacon No. 1 in Broad Creek; 
thence running the six foot contour line to 
Green Marker No. 3; 

(C) Beginning at a point on the eastern tip of 
Cockle Point 35' 03' 20" N - 76' 38' 27" 
W; thence running 100° (M) to a point 35° 
03' 18" N - 76' 37' 53" W; thence running 
005 ' (M) to a point on shore 35 ' 03 ' 38 " N 

- 76' 37' 54" W; thence following the 
primary nursery area line to the beginning 
point 35' 03' 20" N - 76' 38' 27" W; 

(D) Beginning at a point on shore on the eastern 
side of the MBYB channel 34' 58' 16" N - 
76' 49' 05" W running 186' (M) to a point 
on the six foot depth contour 34 ' 58 ' 07 " N 

- 76' 49' 05" W; thence following the six 
foot depth contour to a point 34' 58' 24" N 
-76= 46' 34" W; thence running 351' (M) 
to a point on shore 34' 58' 32" N - 76' 46' 
38" W; 

(E) Beginning at a point on shore at Beards 
Creek 35' 00' 08" N - 76' 52' 13" W; 
thence running 209' (M) to a point 34° 59' 
52" N - 76' 52' 20" W; thence running 
along the six foot depth contour to a point 
34' 59' 25" N - 76' 51' 14" W; thence 
running 043° (M) to a point on shore at 
Mill Creek 34° 59' 34" N - 76' 51' 06" W. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

1 43 B- 289. 4; 

Ejf. January 1. 1991; 

Amended Eff. March I. 1996; March 1, 1994; July 1, 1993; 

September 1, 1991; 

Recodified from ISA NCAC 3R .0007 Eff. December 17, 

1996; 

Amended Eff. May. L 1997. 

CHAPTER 10 - VMLDLIFE RESOURCES 
AND WATER SAFETY 



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APPROVED RULES 



SUBCHAPTER lOD - GAME LANDS 
REGULATIONS 

.0003 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person while hunting on any 
designated game land shall be under the influence of alcohol 
or any narcotic dmg, or fail to comply with special 
restrictions enacted by the National Park Service regarding 
the use of the Blue Ridge Parkway where it adjoins game 
lands listed in this Rule. 

(b) Traffic Requirements. No person shall park a vehicle 
on game lands in such a manner as to block traffic, gates or 
otherwise prevent vehicles from using any roadway. 

(c) Tree Stands. It is unlawful to erect or to occupy, for 
the purpose of hunting, any tree stand or platform attached 
by nails, screws, bolts or wire to a tree on any game land 
designated herein. This prohibition shall not apply to 
lag-screw steps or portable stands that are removed after use 
with no metal left remaining in or attached to the tree. 

(d) Time and Manner of Taking. Except where closed to 
himting or limited to specific dates by this Chapter, hunting 
on game lands is permitted during the open season for the 
game or furbearing species being hunted. On managed 
waterfowl impoundments, hunters shall not enter the posted 
impoundment areas earlier than 4:00 a.m. on the permitted 
hunting dates, and hunting is prohibited after 1:00 p.m. on 
such hunting dates; decoys shall not be set out prior to 4:00 
a.m. and must be removed by 3:00 p.m. each day. No 
person shall operate any vessel or vehicle powered by an 
internal combustion engine on a managed waterfowl 
impoundment. No person shall attempt to obscure the sex or 
age of any bird or animal taken by severing the head or any 
other part thereof, or possess any bird or animal which has 
been so mutilated. No person shall place, or cause to be 
placed on any game land, salt, grain, fruit, or other foods 
without prior written authorization of the commission or its 
agent. A decision to grant or deny authorization shall be 
made based on the best management practices for the wildlife 
species in question. No person shall take or attempt to take 
any game birds or game animals attracted to such foods. No 
live wild animals or wild birds shall be removed from any 
game land. 

(e) Definitions: 

(1) For purposes of this Section "Eastern" season 
refers to seasons set for those counties or parts of 
counties listed in 15A NCAC lOB .0203(b)(1)(A); 
"Central" season refers to seasons set for those 
counties or parts of counties listed in 15A NCAC 
lOB .0203(b)(1)(D); "Northwestern" season refers 
to seasons set for those counties or parts of 
counties listed in 15A NCAC lOB .0203(b)(1)(B); 
"Western" season refers to seasons set for those 
counties or parts of counties listed in 15 A NCAC 
lOB .0203(b)(1)(C). 

(2) For purposes of this Section, "Dove Only Area" 
refers to a Game Land on which doves may be 
taken and dove hunting is limited to Mondays, 



Wednesdays, Saturdays and to Thanksgiving, 
Christmas and New Year's Days within the 
federally-armounced season. 

(3) For purposes of this Section, "Three Days per 
Week Area" refers to a Game Land on which any 
game may be taken during the open seasons and 
hunting is limited to Mondays, Wednesdays, 
Saturdays and Thanksgiving, Christmas and New 
Year's Days. These open days also apply to 
either-sex hunting seasons listed under each game 
land. Raccoon and opossum hunting may continue 
until 7:00 a.m. on Tuesdays, until 7:00 a.m. on 
Thursdays, and until midnight on Saturdays. 

(4) For piuposes of this Section, "Six Days per Week 
Area" refers to a Game Land on which any game 
may be taken during the open seasons, except that: 

(A) Bears shall not be taken on lands designated 
and posted as bear sanctuaries; 

(B) Wild boar shall not be taken with the use of 
dogs on such bear sanctuaries, and wild 
boar may be hunted only during the bow 
and arrow seasons, the muzzle-loading deer 
season and the regular gun season on male 
deer on bear sanctuaries; 

(C) On game lands open to deer hunting located 
in or west of the counties of Rockingham, 
Guilford, Randolph, Montgomery and 
Anson, the following rules apply to the use 
of dogs during the regular season for 
hunting deer with guns: 

(i) Except for the counties of Cherokee, 
Clay, Graham, Jackson, Macon, 
Madison, Polk, and Swain, game 
birds shall be hunted with dogs, 
(ii) In the counties of Cherokee, Clay, 
Graham, Jackson, Macon, Madison, 
Polk, and Swain, small game in 
season shall be hunted with dogs on 
all game lands except on bear 
sanctuaries. 

(D) On bear sanctuaries in and west of Madison, 
Buncombe, Henderson and Polk counties 
dogs shall not be trained or allowed to run 
unleashed between March 1 and the Monday 
on or nearest October 15; 

(0 Game Lands Seasons and Other Restrictions: 

(1) Alcoa Game Land in Davidson, Davie, 
Montgomery, Rowan and Stanly counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(2) Angola Bay Game Land in Duplin and Pender 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 



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APPROVED RULES 



Antlers Season. 

(3) Anson Game Land in Anson County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(4) Bachlelor Bay Game Land in Bertie and 
Washington counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(5) Bertie County Game Land in Bertie Coimty 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(6) Bladen Coimty Game Land in Bladen County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(7) Bladen Lakes State Forest Game Land in Bladen 
Coimty 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. Deer of 
either sex may also be taken the Saturday 
preceding Eastern bow season with bow and 
arrow and the Friday preceding the Eastern 
muzzle-loading season with any legal 
we^xjn (with weapons exceptions described 
in this Paragraph) by participants in the 
Disabled Sportsman Program. 

(C) Handguns shall not be carried and, except 
for muzzle-loaders, rifles larger than .22 
caliber rimfire shall not be used or 
possessed. 

(D) On the Breece Tract and the Singletary 
Tract deer and bear may be taken only by 
still hunting. 

(E) Wild turkey hunting is by permit only. 

(8) Brushy Mountains Game Land in Caldwell County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(9) Bullard and Branch Hunting Preserve Game Lands 
in Robeson County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(10) Burner - Falls of Neuse Game Land in Durham, 
Granville and Wake counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 



open days of the applicable Deer With 
Visible Antlers Season. 

(C) Waterfowl may be taken only on Tuesdays, 
Thursdays and Saturdays, Christmas and 
New Year's Days, and on the opening and 
closing days of the applicable waterfowl 
seasons. On the posted waterfowl 
impoundments a special permit is required 
for all waterfowl hunting. 

(D) Horseback riding, including all equine 
species, is prohibited. 

(E) Target shooting is prohibited 

(11) Carson Woods Game Land in Ashe County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last 
open day of the applicable Deer With 
Visible Antlers Season. 

(12) Caswell Game Land in Caswell County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. Deer of either sex 
may also be taken the Friday preceding the 
Central muzzle-loading season by 
participants in the Disabled Sportsman 
Program. 

(C) Horseback riding is allowed only during 
June, July, and August and on Sundays 
during the remainder of the year except 
during open turkey and deer seasons. 
Horseback riding is allowed only on roads 
opened to vehicular traffic. Participants 
must obtain a game lands license prior to 
engaging in such activity. 

(13) Caswell Farm Game Land in Lenoir County 
(A) Dove-Only Area 

(14) Catawba Game Land in Catawba and Iredell 
counties 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last 
open day of the applicable Deer With 
Visible Antlers Season. 

(C) Deer may be taken with bow and arrow only 
from the tract known as Molly's Backbone. 

(15) Chatham Game Land in Chatham County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(16) Cherokee Game Land in Ashe County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(17) Cherry Farm Game Land in Wayne County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 



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11:29 



APPROVED RULES 



Visible Antlers Season. 
(C) The use of centerfire rifles and handguns is 
prohibited. 

(18) Chowan Game Land in Chowan County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(19) Chowan Swamp Game Land in Gates County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(20) Columbus County Game Land in Columbus 
County. 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(21) Croatan Game Land in Carteret, Craven and Jones 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(C) Waterfowl may be taken only on Mondays, 
Wednesdays, Saturdays; on Thanksgiving, 
Christmas and New Year's Days; and on the 
opening and closing days of the applicable 
waterfowl seasons. 

(D) Bear season extends from the second 
Monday in November through the following 
Saturday in that portion in Jones and Craven 
counties and runs with the county season in 
Carteret. 

(22) Dare Game Land in Dare County 



(A) 
(B) 



(C) 



(D) 



Six Days per Week Area 

Deer of either sex may be taken the last six 

open days of the applicable Deer With 

Visible Antlers Season. 

No hunting on posted parts of bombing 

range. 

The use and training of dogs is prohibited 

from March 1 through June 30. 

(23) Dysartsville Game Land in McDowell and 
Rutherford counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(24) Elk Knob Game Land in Ashe and Watauga 
coimties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(25) Gardner- Webb Game Land in Cleveland County 



(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(26) Goose Creek Game Land in Beaufort and Pamlico 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(C) On posted waterfowl impoundments 
waterfowl may be taken only on Mondays, 
Wednesdays, Saturdays; on Thanksgiving, 
Christmas and New Year's Days; and on the 
opening and closing days of the applicable 
waterfowl seasons. After November 1, on 
the Pamlico Point, Campbell Creek, and 
Spring Creek impoundments, a special 
permit is required for hunting on opening 
and closing days of the duck seasons, 
Saturdays of the duck seasons, and on 
Thanksgiving and New Year's day. 

(27) Green River Game Land in Henderson, Polk and 
Rutherford counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season in that portion in 
Rutherford County; and deer of either sex 
may be taken the last open day of the 
applicable Deer With Visible Antlers Season 
in that portion in Polk and Henderson 
counties. 

(28) Green Swamp Game Land in Brunswick County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(29) Gull Rock Game Land in Hyde County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(C) On the posted waterfowl impoundments of 
Gull Rock Game Land hunting of any 
species of wildlife is limited to Mondays, 
Wednesdays, Saturdays; Thanksgiving, 
Christmas, and New Year's Days; and the 
opening and closing days of the applicable 
waterfowl seasons. 

(30) Hofmann Forest Game Land in Jones and Onslow 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(3 1 ) Holly Shelter Game Land in Pender County 



11:29 



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June 2, 1997 



2256 



APPROVED RULES 



(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. Deer of either sex 
may also be taken the Friday preceding the 
Eastern muzzle-loading season with any 
legal weapon and the Saturday preceding 
Eastern bow season with bow and arrow by 
participants in the Disabled Sportsman 
Program 

(C) Waterfowl may be taken on the opening and 
closing days of the applicable waterfowl 
seasons regardless of the day of the week on 
which they occur. 

(32) Huntsville Community Farms Game Land in 
Yadkin County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last 
open day of the applicable Deer With 
Visible Antlers Season. 

(33) Hyco Game land in Person and Caswell counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(34) Jordan Game Land in Chatham, Durham, Orange 
and Wake counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(C) Waterfowl may be taken only on Mondays, 
Wednesdays, Saturdays; on Thanksgiving, 
Chnstmas and New Year's Days; and on the 
opening and closing days of the applicable 
waterfowl seasons. 

(D) Horseback riding, including all equine 
species, is prohibited. 

(E) Target shooting is prohibited. 

(35) Lantern Acres Game Land in Tyrrell and 
Washington counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(36) Lee Game Land in Lee County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
da\s and the last six days of the applicable 
Deer With Visible Antlers Season. 

(37) Linwood Game Land in Davidson County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(38) Moore Game Land in Moore County 

(A) Six Days per Week Area 

(B) Deer of either sex mav be taken the first six 



days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(39) Nantahala Game Land in Cherokee, Clay, Graham, 
Jackson, Macon, Swain and Transylvania counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last 
open day of the applicable Deer With 
Visible Antlers Season in that portion 
located in Transylvania Coimty. 

(C) Raccoon and opossum may be hunted only 
from sunset Friday imtil sunrise on Saturday 
and from sunset until 12:00 midnight on 
Saturday on Fires Creek Bear Sancmary in 
Clay County and in that part of Cherokee 
County north of US 64 and NC 294, east of 
Persimmon Creek and Hiwassee Lake, south 
of Hiwassee Lake and west of Nottely 
River; in the same part of Cherokee County 
dog training is prohibited from March 1 to 
the Monday on or nearest October 15. 

(D) It is unlawful to train dogs or allow dogs to 
run unleashed on any game land in Graham 
County between March 1 and the Monday 
on or nearest October 15. 

(40) Neuse River Game Land in Craven County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(41) New Lake Game Land in Hyde County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(42) North River Game Land in Currituck County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(43) Northeast Cape Fear Game Land in Pender County 

(A) Six Days per Week Area 

(B) Deer of either sex inay be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(44) Northwest River Marsh Game Land in Currituck 
County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(45) Pee Dee River Game Land in Anson. 
Montgomery, Richmond and Stanly counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(C) Use of centerfire rifles prohibited in that 
portion in Anson and Richmond counties 



2257 



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11:29 



APPROVED RULES 



Nonh of US-74. 

(46) Person Game Land in Person County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(C) Waterfowl may be taken only on Tuesdays, 
Thursdays and Saturdays, Christmas and 
New Year's Days, and on the opening and 
closing days of the applicable waterfowl 
seasons. 

(47) Pisgah Game Land in Avery, Buncombe, Burke, 
Caldwell, Haywood, Henderson, Madison, 
McDowell, Mitchell, Transylvania, Watauga and 
Yancey counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last 
open day of the applicable Deer With 
Visible Antlers Season except on that 
portion of Avery County north of the Blue 
Ridge Parkway. 

(C) Harmon Den and Sherwood Bear 
Sanctuaries in Haywood County are closed 
to hunting raccoon, opossum and wildcat. 
Training raccoon and opossum dogs is 
prohibited from March 1 to the Monday on 
or nearest October 15 in that part of 
Madison County north of the French Broad 
River, south of US 25-70 and west of SR 
1319. 

(48) Pungo River Game Land in Hyde County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(49) Roanoke River Wetlands in Bertie, Halifax and 
Martin counties 

(A) Hunting is by Permit only. Vehicles are 
prohibited on roads or trails except those 
operated on official Commission business or 
by permit holders. 

(50) Robeson Game Land in Robeson County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(5 1 ) Sampson Game Land in Sampson County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(52) Sandhills Game Land in Moore, Richmond and 
Scotland counties 

(A) Three Days per Week Area 

(B) The Deer With Visible Antlers season for 
deer consists of the open hunting dates from 
the second Monday before Thanksgiving 



through the third Saturday after 
Thanksgiving except on the field trial 
grounds where the gun season is from the 
second Monday before Thanksgiving 
through the Saturday following 
Thanksgiving. Deer may be taken with bow 
and arrow on all open hunting dates during 
the bow and arrow season, as well as during 
the regular gun season. Deer may be taken 
with muzzle-loading firearms on Monday, 
Wednesday and Saturday of the second 
week before Thanksgiving week, and during 
the Deer With Visible Antlers season. 

(C) Gun either-sex deer hunting is by permit 
only the Thursday and Friday before 
Thanksgiving Week. For participants in the 
Disabled Sportsman Program, either-sex 
deer hunting with any legal weapon is 
permitted on all areas the Thursday and 
Friday prior to the muzzle-loading season 
described in the preceding paragraph. 
Except for the deer seasons indicated in the 
preceding paragraph and the managed 
either-sex permit hunts, the field trial 
grounds are closed to all hunting during the 
period October 22 to March 3 1 . 

(D) In addition to the regular hunting days, 
waterfowl may be taken on the opening and 
closing days of the applicable waterfowl 
seasons 

(E) Wild turkey hunting is by permit only. 

(F) Dove himting on the field trial grounds will 
be prohibited from the second Sunday in 
September through the remainder of the 
hunting season. 

(53) Sauratown Plantation Game Land in Stokes County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last 
open day of the applicable Deer With 
Visible Antlers Season. 

(54) Shearon Harris Game Land in Chatham and Wake 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(C) Waterfowl may be taken only on Tuesdays, 
Fridays, Saturdays; on Thanksgiving, 
Christmas and New Year's Days; and on the 
opening and closing days of the applicable 
waterfowl seasons. 

(55) South Mountains Game Land in Burke and 
Cleveland counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2258 



APPROVED RULES 



(56) Sutton Lake Game Land in New Hanover County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(57) Three Top Mountain Game Land in Ashe County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(58) Thurmond Chatham Game Land in Wilkes County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. Participants of the 
Disabled Sportsman Program may also take 
either-sex deer with bow and arrow on the 
Saturday prior to Northwestern bow and 
arrow season. 

(C) Horseback riding is only allowed during 
June, July, and August and on Sundays 
during the remainder of the year except 
during open turkey and deer seasons. 
Horseback riding is allowed only on roads 
opened to vehicular traffic. Participants 
must obtain a game lands license prior to 
horseback riding on this area. 

(59) Toxaway Game Land in Transylvania County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last 
open day of the applicable Deer With 
Visible Antlers Season. Participants of the 
Disabled Sportsman Program Deer may also 
take deer of either sex with any legal 
weapon on the Saturday prior to the first 
segment of the Western bow and arrow 
season. 

(60) Uwharrie Game Land in Davidson, Montgomery 
and Randolph counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
days and the last six days of the applicable 
Deer With Visible Antlers Season. 

(61) Vance Game Land in Vance County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(C) The use of dogs, centerfire rifles and 
handguns for hunting deer is prohibited on 
the Nutbush Peninsula tract. 

(62) White Oak River Impoundment Game Land in 
Onslow County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(C) Waterfowl may be taken on the opening and 



closing days of the applicable waterfowl 
seasons regardless of the day of the week on 
which they occur. 
(63) Yadkin Game Land in Caldwell County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(g) On permitted type himts deer of either sex may be 
taken on the hunt dates indicated on the permit. Completed 
applications must be received by the Commission not later 
than the first day of September next preceding the dates of 
himt. Permits shall be issued by random computer selection, 
shall be mailed to the permittees prior to the hunt, and shall 
be nontransferable. A hunter making a kill must tag the deer 
and report the kill to a wildlife cooperator agent. 

(h) The following game lands and refuges shall be closed 
to all hunting except to those individuals who have obtained 
a valid and current permit from the Wildlife Resources 
Commission: 

Bertie, Halifax and Martin counties— Roanoke River 
Wetlands; 

Bertie County -Roanoke River National Wildlife Refuge. 

Burke County— John's River Waterfowl Refuge 

Dare Coimty-Dare Game Lands (Those parts of bombing 
range posted against hunting) 

Davie— Hunting Creek Swamp Waterfowl Refuge 

Gaston, Lincoln and Mecklenburg counties-Cowan's Ford 
Waterfowl Refuge. 

History Note: Temporary Amendment Ejf. October 3, 

1991; 

Authority G.S. 113-134; 113-264; 113-291.2; 113-291.5; 

113-305. 

Ejf. February 1. 1976. 

Amended Ejf. Mx L 1997; July 1, 1996; September 1, 1995; 

July 1, 1995; September 1, 1994; July 1, 1994. 

SUBCHAPTER lOF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0327 MONTGOMERY COUNTY 

(a) Regulated Areas. This Rule applies to the waters and 
portions of waters described as follows: 

(1) Badin Lake. 

(2) Lake Tillery. 

(3) Woodrun Cove. Those waters within 50 yards of 
the mouth of Woodrun Cove located on Lake 
Tillery as delineated by appropriate markers and 
within 50 yards of the boat ramp located at the 
head of Woodrun Cove. 

(4) Tuckertown Reservoir. 

(5) Carolina Forest Cove. The mouth of Carolina 
Forest Cove located on Lake Tillery as delineated 
by appropriate markers. 



2259 



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June 2, 1997 



11:29 



APPROVED RULES 



(b) Speed Limit Near Shore Facilities. No person shall 
operate a vessel at greater than no-wake speed within 50 
yards of any marked boat launching area, dock, pier, bridge, 
marina, boat storage structure, or boat service area on the 
waters of the regulated areas described in Paragraph (a) of 
this Rule. 

(c) Restricted Swimming Areas. No person operating or 
responsible for the operation of a vessel shall permit it to 
enter any marked public swimming area established with the 
approval of the Wildlife Resources Commission on the 
waters of the regulated areas described in Paragraph (a) of 
this Rule. 

(d) Placement and Maintenance of Markers. The Board of 
Commissioners of Montgomery County is hereby designated 
a suitable agency for placement and maintenance of the 
markers hereby authorized, subject to the approval of the 
United States Coast Guard and the United States Army Corps 
of Engineers. With regard to marking the regulated areas 
described in Paragraph (a) of this Rule, supplementary 
standards as set forth in Rule .0301(g)(1) to (8) of this 
Section shall apply. 

History Note: Authority G.S. 75A-3; 75A-15; 

Eff. November 1, 1977; 

Amended Eff. My. L 1998: December 1, 1990; May 1, 1989; 

March 25. 1978. 

CHAPTER 21 - HEALTH: PERSONAL HEALTH 



SECTION .0100 - GENERAL PROVISIONS 

.0101 INCORPORATION BY REFERENCE: 
7 C.F.R. PART 226 

Title 7, Code of Federal Regulations, Part 226 is hereby 
incorporated by reference along with all subsequent 
amendments and editions. A copy of 7 C.F.R. Part 226 is 
maintained at the Department of Environment, Health, and 
Natural Resources, Division of Maternal and Child Health, 
1330 St. Mary's Street, Raleigh, North Carolina, or can be 
obtained by contacting the Department of Environment, 
Health, and Natural Resources, Division of Maternal and 
Child Health, P.O. Box 10008, Raleigh, NC 27605, 
telephone (919) 733-2973, at a cost of five dollars ($5.00). 

History Note: Authority G.S. 130A-29; 130-361; S.L. 
1995, c. 324, s. 17.11; 42 U.S.C. 1766; 
Temporary Adoption Eff. July 8, 1996; 
Eff. Aug ust 1. 1998. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 2 - DIVISION OF HIGHWAYS 

SUBCHAPTER 2E - MISCELLANEOUS 
OPERATIONS 



SUBCHAPTER 211 - SUMMER FOOD 
SERVICE PROGRAM 

SECTION .0100 - GENERAL PROVISIONS 

.0101 INCORPORATION BY REFERENCE: 
7 C.F.R. PART 225 

Title 7, Code of Federal Regulations, Part 225 is hereby 
incorporated by reference along with all subsequent 
amendments and editions. A copy of 7 C.F.R. Part 225 is 
maintained at the Department of Environment, Health, and 
Natural Resources, Division of Maternal and Child Health, 
1330 St. Mary's Street, Raleigh, North Carolina, or can be 
obtained by contacting the Department of Environment, 
Health, and Natural Resources, Division of Maternal and 
Child Health, P.O. Box 10008, Raleigh, NC 27605, 
telephone (919) 733-2973, at a cost of five dollars ($5.00). 

History Note: Authority G.S. 130A-29; 130A-361; S.L. 
1995, c. 324, s. 17.11; 42 U.S.C. 1761; 
Temporary Adoption Eff. July 8, 1996; 
Eff. Aug ust 1. 1998. 

CHAPTER 21 - HEALTH: PERSONAL FIEALTH 

SUBCHAPTER 21J - CHILD AND ADULT CARE 
FOOD PROGRAM 



SECTION .0200 - OUTDOOR ADVERTISING 

.0210 REVOCATION OF PERMIT 

Any valid permit issued for a lawful outdoor advertising 
structure shall be revoked by the appropriate district engineer 
for any one of the following reasons: 

(1) mistake of material facts by the issuing authority 
for which had the correct facts been made known, 
the outdoor advertising permit in question would 
not have been issued; 

(2) misrepresentations of material facts by the outdoor 
advertiser on the application for permit for outdoor 
advertising; 

(3) failure to pay aimual renewal fees or provide the 
documentation required under Rule .0207(c) of 
this Section; 

(4) failure to construct the outdoor advertising 
structure including all sign faces within 180 days 
from the date of issuance of the outdoor 
advertising permit; 

(5) any alteration of an outdoor advertising structure 
for which a permit has previously been issued 
which would cause that outdoor advertising 
structure to fail to comply with the provisions of 
the Outdoor Advertising Control Act or the rules 
adopted by the Board of Transportation pursuant 
thereto; 

(6) alterations to a nonconforming sign or a sign 



11:29 



NORTH CAROLINA REGISTER 



June 2. 1997 



2260 



APPROVED RULES 



conforming by virtue of the grandfather clause 
which would cause it to be other than substantially 
the same as it was on the date the sign became 
nonconforming, or a grandfather clause sign. For 
purposes of this Item, alterations include, but are 
not limited to; 

(a) enlarging a dimension of the sign facing, or 
raising the height of the sign; 

(b) changing the material of the sign structure's 
suppon; 

(c) adding a f)ole or poles; or 

(d) adding illumination; 

(7) failure to affix permanent permit emblem within 
30 days after erection of the outdoor advertising 
structure; 

(8) unlawful destruction of trees or shrubs or other 
growth located on the right of way in order to 
increase or enhance the visibility of an outdoor 
advenising structure; 

(9) unlawful violation of the control of access on 
interstate, freeway, and other controlled access 
facilities; 

(10) failure to maintain a sign such that it remains blank 
for a period of 12 consecutive months; 

(11) failure to mamtain a sign such that it reaches a 
state of dilapidation as defmed in Rule .020 l(w) of 
this Section; 

(12) abandormient, destruction, or discontinuance of a 
sign as defined in Rule .0201, Paragraphs (s) and 
(t), and Section 750.707(d)(6) of Title 23 of the 
Code of Federal Regulations; 

(13) violation of die criteria set out in Rule .0201(a) of 
this Section or when the criteria set out in Rule 
.0201(a) of this Section is no longer in existence 
within 24 months of the date of the issuance of the 
permit; 

(14) failure to provide the appropriate district engineer 
with written notice of any proposed alteration to a 
nonconforming sign or a sign conforming by virtue 
of a grandfather clause; 

(15) failure to affix the name of the person, firm, or 
corporation owning or maintaining the outdoor 
advertising sign to the sign structure in sufficient 
size to be plainly visible in accordance with G.S. 
105-86(e); 

(16) failure to erect, maintain, or alter an outdoor 
advertising sign structure in accordance with the 
North Carolina Outdoor Advertising Control Act, 
codified in G.S. 136, Articles 1 1 and 1 1 A, and the 
rules adopted by the Board of Transportation; 

(17) failure to maintain the permit emblem so that it is 
visible and readable from the main-traveled way; 

(18) when, within 24 months of the date of issuance of 
the permit for any outdoor advertising structure 
erected using the criteria stipulated in Rule 
.0201(a) of this Section, any of the criterion in 
Rule .0201(a) of this Section no longer exists or 
when the activin,' which qualified the area unzoned 



commercial or industrial no longer exists. 

History Note: Authority G.S. 105-86(e); 136-133; 
Eff. July 1, 1978: 

Amended Eff. Max L 1997: November 1, 1993; March 1. 
1993; October 1. 1991: December 1, 1990. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 36 - BOARD OF NURSING 

SECTION .0300 - APPROVAL OF NURSING 
PROGRAMS 

.0320 STUDENTS 

(a) Students in nursing programs shall meet requirements 
established by the controlling institution. Additional 
requirements may be stipulated by the nursing program for 
students because of the nature and legal responsibilities of 
nursing education and nursing practice. 

(b) Admission requirements and practices shall be clearly 
stated and published by the controlling institution and shall 
include assessment of: 

(1) record of high school graduation, high-school 
equivalent, or earned credits from a post-secondary 
institution; and 

(2) achievement potential through the use of previous 
academic records and pre-entrance examination 
cut-off scores that are consistent with curriculum 
demands and scholastic expectations; and 

(3) physical and emotional health that would provide 
evidence that is indicative of the applicant's ability 
to provide safe nursing care to the public. 

Initial admission may be based on Subparagraphs (b)(1) and 
(2) of this Rule and any other institutional requirements; 
however, final admission shall be contingent upon 
Subparagraph (b)(3) of this Rule. 

(c) The number of students enrolled in nursing courses 
shall not exceed the maximum number approved by the Board 
as defined in 21 NCAC 36.0302 and 21 NCAC 36.0321. 

(d) Published policies and practices shall exist that provide 
for identification and dismissal of students who: 

(1) present physical or emotional problems which 
conflict with safety essential to nursing practice 
and do not respond to appropriate treatment or 
counseling within a reasonable period of time. 

(2) demonstrate behavior which conflicts with safety 
essential to nursing practice. 

(e) Criteria for progression through a program shall 
clearly define the level of performance required to pass each 
course in the curriculum, the level at which failure of the 
course is determined, and the level of performance in 
prerequisite courses required for progression to subsequent 
courses or levels. These criteria shall apply to both 
theoretical and clinical components of nursing courses. 



2261 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



APPROVED RULES 



(f) Program objectives shall be consistent with 
components of basic nursing practice as defined for the 
licensure level. 

(g) Implementation of the nursing program shall result in 
no less than an annual 75 percent pass rate on first writing of 
the licensure examination for the calendar year ending 
December 3 1 . 

(h) Policies for transfer of credits or for admission to 
advanced placement shall be stated and must provide that: 

(1) general admission, progression, and graduation 
requirements of the nitrsing program shall apply to 
the applicant; and 

(2) the nursing program shall determine the total 
number of nursing courses or credits allowed for 
advancement placement. 

History Note: Authority G. S. 90-1 71 . 23 (b) (8); 90- J 71 . 38; 
Eff. February 1. 1976; 

Amended Eff. August L 1998: January 1, 1996; June 1. 
1992; January 1. 1989; January 1. 1984. 

CHAPTER 37 - BOARD OF NURSING HOME 
ADMINISTRATORS 



SECTION .0200 - APPLICATION FOR LICENSE 

.0202 INITIAL LICENSURE FEE 

The applicant shall send to the Board, prior to licensure, 
an initial licensure fee of three hundred twenty-five dollars 
($325.00) when applicant has passed the examinations as 
required by the Board imder Sections .0600 and .0700 of this 
Chapter. 

History Note: Filed as a Temporary Amendment Eff. July 

13, 1982 for a period of 120 days to expire on November 9, 

1982; 

Authority G.S. 90-280; 

Eff. February I, 1976; 

Amended Eff. August 1, 1977; 

Readopted Eff. October 1, 1981; December 15, 1977; 

Amended Eff. February 1, 1991; October 1, 1982; December 

30, 1981; 

Transferred and Recodified from 21 NCAC 37 A .0302 Eff. 

April 1. 1996; 

Amended Eff. August 1, 1996; 

Temporary Amendment Eff. August 15, 1996; 

Amended E^MxL 1998. 



SUBCHAPTER 37D - NEW LICENSES 



11.29 



NORTH CAROLINA REGISTER 



June 2. 1997 



2262 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Revie^v Commission on Tim rs day. June 19. 1997. 10:00 
a.m.. at 1307 Glenwood Ave., Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before 
the Commission should submit those comments to the RRC staff, the agency, and the irulividual Commissioners by Monday. 
June 16. 1997. al 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review' Commission at 
919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours 
prior to the meeting. 



i 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Philip O. Redwine - Chairman 

Vemice B. Howard 

Teresa L. Smallwood 

Charles H. Heiir>' 



Appointed by House 

Bill Graham - Vice Chairman 

James Mallory, III 

Paul Powell 

Anita White 



RULES REVIEW COMMISSION MEETING DATES 



July 17, 1997 
August 21, 1997 
September 18, 1997 



October 16, 1997 
November 20, 1997 



MEETING DATE: JUNE 19, 1997 

LOG OF nUINGS 

RULES SUBMITTED: APRIL 20, 1997 THROUGH MAY 20, 1997 



AGENCY/DIVISION RULE NAME 


RULE 


ACTION 




COMMERCE/NC STATE PORTS AUTHORITY 








Identifying Information 


4 NCAC 13A .0101 


Repeal 




Functions 


4 NCAC 13A .0102 


Repeal 




Administration of the Authority 


4 NCAC 13A .0105 


Repeal 




Execution of Contracts 


4 NCAC 13 A .0202 


Repeal 




Real Property and Construction 


4 NCAC 13A .0203 


Repeal 




Vending Services 


4 NCAC 13A .0204 


Repeal 




Laws and Rules Governing 


4 NCAC 13B .0001 


Repeal 




Purchases Exceeding $5,000 


4 NCAC 13B .0002 


Repeal 




Purchases Not Exceeding S5,000 


4 NCAC 13B .0003 


Repeal 




Purchases Not Exceeding S5,000 


4 NCAC 13B .0004 


Repeal 




Purchases Not Exceeding S5,000 


4 NCAC 13B .0005 


Repeal 




Lease of Southport Boat Harbor 


4 NCAC 13C .0001 


Repeal 




Publication of Port Charges Tariff 


4 NCAC 13D .0101 


Repeal 




Title 


4 NCAC 13E .0101 


Repeal 




Adoption 


4 NCAC 13E .0102 


Repeal 




Ordination 


4 NCAC 13E .0103 


Repeal 




Statutory Definitions 


4 NCAC 13E .0201 


Repeal 




Definitions 


4 NCAC 13E .0202 


Repeal 




Duties of Police Departments 


4 NCAC 13E .0301 


Repeal 




Duties of Pon Managers 


4 NCAC 13E .0302 


Repeal 




Enforcement by Police Officers 


4 NCAC 13E .0401 


Repeal 




Direction of Traffic 


4 NCAC 13E .0402 


Repeal 




Operation of Emergency Vehicle 


4 NCAC 13E .0403 


Repeal 




Right of Way 


4 NCAC 13E .0404 


Repeal 




2263 NORTH CAROLINA REGISTER 


June 2, 1997 




11:29 



RULES REVIEW COMMISSION 



Collisions 


4 NCAC 13E .0405 


Repeal 


Placement and Maintenance 


4 NCAC 13E .0501 


Repeal 


Standards and Specifications 


4 NCAC 13E .0502 


Repeal 


Speed Limits 


4 NCAC 13E .0601 


Repeal 


Vehicles with Lugs 


4 NCAC 13E .0602 


Repeal 


Erection of Traffic Control Signs 


4 NCAC 13E .0603 


Repeal 


Smoking Restrictions 


4 NCAC 13E .0701 


Repeal 


Fire Arms Prohibited 


4 NCAC 13E .0702 


Repeal 


Penalties Upon Conviction 


4 NCAC 13E .0801 


Repeal 


Registration 


4 NCAC 13E .0803 


Repeal 


Wilmington Ordinance Schedules 


4 NCAC 13E .0901 


Repeal 


Morehead City Ordinance Schedules 


4 NCAC 13E .0902 


Repeal 


General 


4 NCAC 13F .0301 


Repeal 


Personnel Questions 


4 NCAC 13F .0302 


Repeal 


DEPARTMENT OF P>JSURANCE 






Officers 


11 NCAC 8 .1001 


Adopt 


Meetings 


11 NCAC 8 .1002 


Adopt 


Persons and Practices 


11 NCAC 8 .1003 


Adopt 


Equivalent Experience 


11 NCAC 8 .1004 


Adopt 


Reciprocity 


11 NCAC 8 .1005 


Adopt 


Net Assets 


11 NCAC 8 .1006 


Adopt 


Examination 


11 NCAC 8 .1007 


Adopt 


Applications for Licenses 


11 NCAC 8 .1008 


Adopt 


Display of License 


11 NCAC 8 .1009 


Adopt 


Appeals of Denials 


11 NCAC 8 .1010 


Adopt 


Fee Schedule 


11 NCAC 8 .1011 


Adopt 


Definitions 


11 NCAC 8 .1101 


Adopt 


Standards of Practice 


11 NCAC 8 .1102 


Adopt 


Purpose and Scope 


11 NCAC 8. 1103 


Adopt 


General Limitations 


11 NCAC 8 .1104 


Adopt 


General Exclusions 


11 NCAC 8 .1105 


Adopt 


Structural Components 


11 NCAC 8 .1106 


Adopt 


Exterior 


11 NCAC 8 .1107 


Adopt 


Roofing 


11 NCAC 8 .1108 


Adopt 


Plumbing 


11 NCAC 8 .1109 


Adopt 


Electrical 


11 NCAC 8 .1110 


Adopt 


Heating 


11 NCAC8 .1111 


Adopt 


Central Air Conditioning 


11 NCAC 8 .1112 


Adopt 


Interiors 


11 NCAC 8 .1113 


Adopt 


Insulation and Ventilation 


11 NCAC 8 .1114 


Adopt 


Built-in Kitchen Appliances 


11 NCAC 8 .1115 


Adopt 


Code of Ethics 


11 NCAC 8 .1116 


Adopt 


Definitions 


11 NCAC 8 .1201 


Adopt 


Complaints 


11 NCAC 8 .1202 


Adopt 


Board Staff 


11 NCAC 8 .1203 


Adopt 


Investigation 


11 NCAC 8 .1204 


Adopt 


Disciplinary Hearing 


11 NCAC 8 .1205 


Adopt 


Presiding Officer 


11 NCAC 8 .1206 


Adopt 


Prehearing Conference 


11 NCAC 8 .1207 


Adopt 


Consent Agreement 


11 NCAC 8 .1208 


Adopt 


Final Board Order 


11 NCAC 8 .1209 


Adopt 



JUSTICE/NC ALARM SYSTEMS LICENSING BOARD 

Experience Requirements 



12 NCAC 11 .0202 



Amend 



11:29 



NORTH CAROLINA REGISTER 



June 2. 1997 



2264 



RULES REVIEW COMMISSION 



NC PSYCHOLOGY BOARD 






Psychological Associate 


21 NC AC 54. 1802 


Amend 


Licensed Psychologist 


21 NCAC54 .1803 


Amend 


Supervisor 


21 NCAC54 .2001 


Amend 


Nature of Supervision 


21 NCAC 54 .2002 


Amend 


Contracting and Reporting 


21 NCAC 54 .2003 


Repeal 


Time Requirements 


21 NCAC 54 .2004 


Repeal 


Alternate Supervision 


21 NCAC 54 .2005 


Amend 


Applicants 


21 NCAC 54 .2007 


Amend 


Psychological Associate 


21 NCAC 54 .2008 


Adopt 


Licensed Psychologist 


21 NCAC 54 .2009 


Adopt 



RULES REVIEW OBJECTIONS 



ADMINISTRATION 



State Construction 

1 NCAC JOG .0102 - Policy 

No Response from Agency 

Agency Revised Rule 
1 NCAC JOG .0104 - General Procedures 

No Response from Agency 

Agency Revised Rule 



RRC Objection 


OJ/20/97 




04/17/97 


Obj. Removed 


05/15/97 


RRC Objection 


OJ/20/97 




04/17/97 


Obj. Removed 


05/15/97 



AGRICULTURE 

2 NCAC 4JF .OOOJ - Standards for Receptacles.- Labeling.- Etc. (Recodified to .OlOJ) RRC Objection 05/15/97 

2 NCAC 4JH .0007 - Special Requirements (Recodified to . 0107) RRC Objection 05/15/97 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



Marine Fisheries 

15A NCAC JO .0101 - License Agents 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



04/17/97 
05/15/97 



HUMAN RESOURCES 



Child Day Care Commission 

10 NCAC JU .0707 - ln-Ser\ice Training Requirements 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



OJ/20/97 
04/1 7/97 



Facility Services 

10 NCAC JR .JOJJ - Open Heart Surgery Serxices Need Determinations (Rev. Cat. H) 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 



01/16/97 
02/20/97 
OJ/20/97 



Medical Assistance 

10 NCAC 26B .OllJ - Case Mgmt Svcs/.Adulis/Children/at Risk/Abuse/Neglect/Exploitation 
Returned to Agency for Failure to Comply with APA 



04/17/97 



INSURANCE 



/; A^C^C 12 .1702- Viatical Settlement Providers 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



OJ/20/97 
04/1 7/97 



2265 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



RULES REVIEW COMMISSION 



DEPARTMENT OF JUSTICE 



Criminal Justice Education & Training Standards Commission 

12 NCAC 9B .0102 - Background Investigation 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



04/17/97 
05/15/97 



BOARD OF NURSING 



21 NCAC 36 .0320 - Students 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



03/20/97 
04/17/97 



BOARD OF PHARMACY 



21 NCAC 46 .1317- Definitions 


RRC Objection 


03/20/97 


Agency Revised Rule 


Obj. Removed 


04/17/97 


21 NCAC 46 .1410 - Personnel 


RRC Objection 


03/20/97 


Agency Revised Rule 


Obj. Removed 


04/17/97 


21 NCAC 46 .1411 - Responsibilities of the Pharmacist-Manager 


RRC Objection 


03/20/97 


Agency Revised Rule 


Obj. Removed 


04/17/97 


21 NCAC 46 .1412 - Physical Requirements 


RRC Objection 


03/20/97 


Agency Revised Rule 


Obj. Removed 


04/17/97 


21 NCAC 46 .1414 - Drug Distribution and Control 


RRC Objection 


03/20/97 


Agency Revised Rule 


Obj. Removed 


04/17/97 


21 NCAC 46 .1415 - Medication in Health Care Facility Emergency Departments 


RRC Objection 


03/20/97 


Agency Revised Rule 


Obj. Removed 


04/17/97 


21 NCAC 46 .1416 - Repackaging 


RRC Objection 


03/20/97 


Agency Revised Rule 


Obj. Removed 


04/17/97 


21 NCAC 46 .1604 - Transfer of Permits Allowed 


RRC Objection 


03/20/97 


Agency Revised Rule 


Obj. Removed 


04/17/97 


21 NCAC 46 .1703 - Drugs to Be Dispensed 


RRC Objection 


03/20/97 


Agency Revised Rule 


Obj. Removed 


04/17/97 


21 NCAC 46 .2611 - Medical Equipment 


RRC Objection 


03/20/97 


Agency Revised Rule 


Obj. Removed 


04/17/97 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2266 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office 
of Administrative Hearings, (919) 733-2698. 



{ 



OFFICE OF ADIVUNISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 
Meg Scott Phipps 



Robert Roosevelt Reilly Jr. 
Dolores O. Smith 
Thomas R. West 



AGENCY 



CASE 
XUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



AD\nNISTRATION 



Douglas J. Register v. Department of Administration 

Mechanical Products. Co. v. Dept. of Admmistration & Dept. of Corr 

and 
Willoughby Industries. Inc. 

Purchase and Contract 

Budd Seed, Inc. v. Department of Admmistration 
ALCOHOLIC BEVERAGE CONTROL COMNDSSION 



96DOA0172 
97 DOA 0338 



96DOA0281 



Reilly 
Gray 



Chess 



08/16/96 
05/12/97 



09/19/96 



Osama Arafat Sadar v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. James Eads Sprowles 
Cole Entertainment, Inc v. Alcoholic Beverage Control Commission 
Fuad Saif Murshed v Ale. Bev Ctl. Comm. & Durham Mem. Bapt. Ch. 
Alcoholic Beverage Control Commission v. Tremik, Inc. 
City of Raleigh v. Alcoholic Beverage Control Commission 

and 
Marshall Stewart, HI. Robert David Park, and Park Stewart Inc. 
Alcoholic Beverage Control Commission v. Maria Virginia Tramontano 
Alcoholic Beverage Control Commission v. Huffman Oil Co.. Inc. 
Pinakin P Talate v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Entrepreneur, Inc 
Alcoholic Beverage Control Commission v. Zell, Inc. 
Alcoholic Beverage Control Commission v. Henry Franklin Gurganus 
Andrew Parker v. Alcoholic Beverage Control Commission 
Barraq Sabri Alquza v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Partnership T A T & L Groceries 
Alcoholic Beverage Control Commission v. Cashion's Food Mart, Inc. 
Alcoholic Beverage Control Commission v. E.K.'s H. Inc. Carl E. Collins 
Bro Bee, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Donald Ray Doak 
Alcoholic Beverage Control Commission v. Janice Lorraine Jeter 
Alcoholic Beverage Control Commission v. Well Informed, Inc. 
Alcoholic Beverage Control Commission v. Kubbard, Inc. 
Alcoholic Beverage Control Commission v. Stemmermans's. Inc. 



95 ABC 0721 


Gray 


07/09/96 




95 ABC0883*' 


Gray 


07/10/96 




95 ABC 0917 


West 


08/21/96 


11:12 NCR 1027 


95 ABC 0922 


Chess 


04/24/96 




95 ABC 0925 


Morrison 


03/25/96 




95 ABC 1143 


Morrison 


11/08/96 


11:17 NCR 1362 


95 f\&C 1200 


West 


04/23/96 




95 ABC 1251 


West 


04/03/96 


11:03 NCR 166 


95 ABC 1329 


West 


04/10/96 




95 ABC 1363 


Reilly 


05/02/96 




95 ABC 1366 


West 


06/17/96 




95 ABC 1389 


West 


04/01/96 




95 ABC 1402 


Phipps 


03/27/96 




95 ABC 1424 


Phipps 


04/03/96 




95 .'VBC 1443 


West 


03/26/96 




95 ABC 1444 


Gray 


03/13/96 




95 ABC 1458 


Chess 


08/12/96 




95 ABC 1480 


West 


04/15/96 




95 ABC 1488 


West 


03/29/96 




96 ABC 0013 


Reilly 


04/26/96 




96 ABC 0016 


Chess 


05/28/96 




96 ABC 0017 


Reilly 


05/20/96 




96 ABC 0018 


Chess 


05/28/96 





< 



2267 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



CONTESTED CASE DECISIONS 



AGENCY 



George Wright and Alice Ramsuer v Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Commission v. Bayron Green 
Alcoholic Beverage Control Commission v. Circle K Stores, Inc. 
Alcoholic Beverage Control Commission v Robert Montgomery McKnight 
Alcoholic Beverage Control Commission v Cadillacs Discotheque, Inc. 
Gerald Audry Sellars v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Jacqueline Robin Anthony 
Alcoholic Beverage Control Commission v. Factory Night Club. Inc. 
Alcoholic Beverage Control Commission v. C.N H. Enterprises, Inc. 
Alcoholic Beverage Control Commission v Millicent J. Green 
Ghassan Hasan Issa v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Abdelhakeem Muraweh Saleh 
Alcoholic Beverage Control Commission v Triangle Drive-In 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v Giles Rozier 
Alcoholic Beverage Control Commission v Clifton Franklin Smith 
Alcoholic Beverage Control Comm v. Crown Central Petroleum Corp. 
Dilthra Smith Patlon v Alcoholic Beverage Control Commission 
Virginia Caporal v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. James Fads Sprowles 
Alcoholic Beverage Control Commission v. Chae Ypo Chong 
Alcoholic Beverage Control Commission v. Albert S. Carter 
Alcoholic Beverage Control Commission v Taleb Abed Rahman 
Alcoholic Beverage Control Comm. v Centergrove Entertainment Ent. 
Michael L. Harris D/B/A Big House Inc. v Alcoholic Beverage Control 
Joseph Marcel Etienne v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Jesse Smith 
Alcoholic Beverage Control Commission v. Winn Dixie Charlotte, Inc. 
Alcoholic Beverage Control Commission v. Winn Dixie Charlotte, Inc. 
Louis Corpening v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v Joyce N Capra 
HARB Inc v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Mutaz Mohammed 
Alcoholic Beverage Control Commission v Warner Enterprises, Inc. 
Alcoholic Beverage Control Commission v. James Ramsey, Jr. 
Alcoholic Beverage Control Commission v. Russell Bernard Speller 
Alcoholic Beverage Control Commission v Anthony Ralph Cecchini. Jr. 
Alcoholic Beverage Control Comm v. Ptnrshp .T/A Blue Front Groc. 
Alcoholic Beverage Control Comm v. Crown Central Petroleum Corp. 
Alcoholic Beverage Control Commission v Anthony Jerome Foster 
Alcoholic Beverage Control Comm v. Park Entertainment, Inc 
Lomax Brooks v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm v Betty Smallwood Smith 
Alcoholic Beverage Control Comm. v Larry's Famous Bar, Inc. 
Alcoholic Beverage Control Comm v Circle K Stores, Inc #8620 
Alcoholic Beverage Control Comm. v The Great A & P Tea Co., Inc. 
Alcoholic Beverage Control Comm. v. Tonya Colleen Daugherty 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGIS! ERCITATIQN 


96 ABC 0058 


Becton 


04/16/96 




96 ABC 0097 


Becton 


08/23/96 




96 ABC 0134 


Gray 


11/06/96 




96 ABC 0135 


Phipps 


05/09/96 




96 ABC 0136 


Phipps 


12/04/96 




96 ABC 0160 


Becton 


06/25/96 


11:08 NCR 564 


96 ABC 0184 


Phipps 


05/09/96 




96 ABC 0226 


Phipps 


08/02/96 




96 ABC 0232 


Becton 


07/09/96 




96 ABC 0234 


Smith 


06/13/96 




96 ABC 0256 


Morrison 


05/23/96 




96 ABC 0381 


Chess 


08/27/96 




96 ABC 0443 


Reilly 


06/11/96 




96 ABC 0447 


Morrison 


08/30/96 


11:13 NCR 1085 


96 ABC 0448 


Morrison 


08/30/96 




96 ABC 0449 


Morrison 


08/30/96 




96 ABC 0450 


Morrison 


08/30/96 




96 ABC 0473 


Morrison 


09/19/96 




96 ABC 0474 


Reilly 


08/12/96 




96 ABC 0482 


Morrison 


10/18/96 




96 ABC 0505 


Morrison 


08/06/96 




96 ABC 0507 


Becton 


10/04/96 




96 ABC 0526*' 


Gray 


07/10/96 




96 ABC 0530 


Morrison 


10/29/96 




96 ABC 0534 


Morrison 


08/05/96 




96 ABC 0551 


West 


11/14/96 




96 ABC 0583 


Reilly 


08/12/96 




96 ABC 0680 


Phipps 


02/12/97 




96 ABC 0718 


Phipps 


10/17/96 




96 ABC 0804 


Gray 


U/19/96 




96 ABC 0858 


Morrison 


11/21/96 




96 ABC 0859 


Morrison 


11/21/96 




96 ABC 0985 


Gray 


09/26/96 




96 ABC 1060 


Reilly 


11/15/96 




96 ABC 1124 


Phipps 


10/23/96 




96 ABC 1181 


Chess 


02/13/97 




96 ABC 1315 


Gray 


01/30/97 


11:23 NCR 1801 


96 ABC 1317 


Gray 


02/03/97 




96 ABC 1394 


Smith 


12/20/96 




96 ABC 1420 


Becton 


02/28/97 




96 ABC 1469 


Smith 


12/09/96 




96 ABC 1584 


Gray 


02/12/97 




96 ABC 1587 


Reilly 


01/29/97 




96 ABC 1928 


Smith 


02/06/97 




96 ABC 1930 


Gray 


03/21/97 




96 ABC 2059 


Becton 


04/30/97 




96 ABC 2095 


Phipps 


04/21/97 


11:28 NCR 2165 


96 ABC 2080 


Becton 


05/15/97 




96 ABC 2082 


Chess 


04/09/97 


1 1 :29 NCR 2282 


97 ABC 0063 


Morrison 


05/01/97 





COMMISSION FOR AUCTIONEERS 



John W. Foster v. Auctioneer Licensing Board 
Barry G. York v. Auctioneer Licensing Board 



96CFA020I 
96 CFA 0297 



Phipps 
Smith 



05/06/96 
10/18/96 



DEPARTMENT OF COMMUNITY COLLEGES 



James E. Price, Sr. v. Central Carolina Community College, DCC 
DEPARTMENT OF CORRECTION 



97 DCC 2035 



Morrison 



04/15/97 



James J. Lewis v. Department of Correction 
AMERIMARK, Inc. v. Department of Correction 
Joseph Phillip Smith v. Department of Correction 
Maurice Crovell v. Department of Correction 

CRIME CONTROL AND PUBLIC SAFETY 

Roland Lee Kelly, Jr. v. United Family Services. Victim Assistance/Crime 

Victims Compensation Comm. 
Robert F. Bronsdon v. Crime Victims Compensation Commission 
Helen B Hunter-Reid v. Crime Victims Compensation Commission 



96 DOC 0772 


West 


09/05/96 






97 DOC 0040 


Morrison 


04/17/97 






97 DOC 0109 


Morrison 


04/15/97 






97 DOC 0185 


Phipps 


04/22/97 






95 CPS 0568 


Morrison 


05/29/96 






95 CPS 1216 


Chess 


05/28/96 






95 CPS 1336 


Smith 


03/29/96 


1 1 :02 NCR 


93 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2268 



CONTESTED CASE DECISIONS 



AGENCY 



Deborah C- Passarelli v. Crime Victims Compensaiion Commission 

Kenneih Saunders v Viciims Compensation Commission 

Franklin McCoy Jones v Crime Victims Compensation Commission 

Ruby H. Ford v Crime Victims Compensation Commission 

Manuel Cervantes v Victims Compensation Fund 

Sheila Carol Blake v. Victims Compensation Commission 

James T Mungo v. Victims Compensaiion Commission 

Jerome Crutchfield v. CPS. Victims Compensation Commission 

William Theodore Frazier v Crime Victims Compensation Commission 

Emma Coble v Crime Victims Compensation Commission 

Donna Williams v. Crime Victims Compensation Commission 

Daisy Reid v Crime Victims Compensation Commission 

Earlie McLaurin, Jr. Delano McLaurin. Sr v Crime Victims Comp Comm 

Anthony P. Dawkins v Crime Victims Compensation Commission 

Judy Worley Milam v. Crime Victims Compensation Commission 

James A- Cherry v Crime Control & Public Safety 

Shirley M. King v Crime Victims Compensation 

Mark Matthews for Child Victim v. Crime Victims Compensation Comm. 

Clara Durham v Victims Compensation 

George Battle. Jr v. Crime Control & Public Safety 

Larry McLeod v Crime Victims Compensation Commission 

Shawn P Saddler v Victims Compensation Commission 

Ricky Cleveland v. Crime Victims Compensation Commission 

Melvin Lewis Huntley v Victims Compensation Commission 

David Carl Anderson v Crime Victims Compensaiion Commission 

Ronald Richardson v. Crime Victims Compensation Commission 

Douglas Alan West v. Crime Victims Compensation Conmiission 

Sandra Ray Weden v. Victim's Compensation Commission 

Alton R Simmons v. Crime N'ictims Compensation Commission 

Victor Lewis Mayberry v. Crime Victims Compensation Commission 



CASE 




DATE OF 


PL'BLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISl ER CITATION 


95 CPS 1399 


ReiUy 


07/18/96 


11 09 NCR 814 


95 CPS 1445 


Chess 


03/26/96 




96 CPS 0056 


Smith 


07/03/96 




96 CPS 0110 


Reilly 


04/18/96 




96 CPS 01 18 


Chess 


03/19/96 




96 CPS 0280 


West 


07/10/96 




96 CPS 0333 


Reilly 


07/09/96 




96 CPS 0340 


Phipps 


09/05/96 




96 CPS 0435 


Chess 


08/22/96 




96 CPS 0468 


Chess 


09/25/96 




96 CPS 0493 


Morrison 


06/13/96 




96 CPS 0499 


West 


11/18/96 




96 CPS 0639 


West 


01/21/97 




96 CPS 0716 


Reilly 


08/16/96 




96 CPS 0717 


Gray 


11/21/96 




96 CPS 0793 


Phipps 


01/17/97 




96 CPS 0802 


West 


08/08/96 




96 CPS 0832 


Becton 


08/20/96 




96 CPS 0906 


Phipps 


09/23/96 




96 CPS 1006 


Phipps 


01/17/97 




96 CPS 1073 


Smith 


03/14/97 




96 CPS 1109 


Morrison 


01/02/97 




96 CPS 1174 


Chess 


03/06/97 




96 CPS 1211 


Gray 


04/16/97 


11 28 NCR 2169 


96 CPS 1409 


Smith 


11/25/96 




96 CPS 1729 


Becton 


04/16/97 




96 CPS 1888 


West 


01/03/97 




97 CPS 0072 


Phipps 


03/11/97 




97 CPS 0091 


Becton 


04/17/97 




97 CPS 0105 


Reilly 


05/05/97 





{ 



ENVIRONMENT, HEALTH, AND NATURAL RESOLUCES 



Gribble & .Assoc & Four Seasons Car Wash v, EHNR 

Webster Environmental Inc. v EHN'R, Asbestos Hazard Mgmt. Branch 

Wilton Evans v Environment, Health. & Natural Resources 

David Martin Shelton v Rockingham County Dept/FMblic Health. EHNR 

Kinston Urological .Associates. PA. v. N.C. Cancer Program 

Kinslon Urological Associates. PA. v. N C. Cancer Program 

Elsie & Tony Cecchini v Environment, Health. &. Natural Resources 

United Organics Corporation v Environment. Health. & Natural Res. 

Gerald Mac Clamrock v. Environment. Health. & Natural Resources 

Sapphire Ridge Development Corp v Envir . Health. & Natural Res 

Phillip T Goetz V. Carteret County Health Center 

John Milazzo v. Environment. Health. & Natural Resources 

Daniel Bordeaux. Coast Wastewater Op. v. Env.. Health. & Nat. Resources 

Wayne Marshall. Pres. Metro Area Dev.. Inc. v, EHNR 

Joel B Patterson v Environment. Heallth. & Natural Resources 

David J Mohn v Environment. Health. & Natural Resources 

Robert D, Smith v Brunswick County Health Dept.. Bolivia. NC 

Frederick Albritton and wife Peggy S, Albritton v. EHNR 

Isaac R. Wilkins. David L. Wilkins v. Envir.. Health. &. Natural Res 

Elizabeth Shepard Covin v Environment. Health. & Natural Resources 

The Papco Group. Inc v. Forsyth County Environmental Affairs Dept 

Reuben Massey v. Environment. Health, and Natural Resources 

Joseph London v Environment. Health, and Natural Resources 

Anna Croyle Callahan v Environment. Health. & Natural Resources 

Gregory S, and Kimberly C. Maloney v. Environment. Health. &. Nat. Res. 

Carolina Wood Products Southeast. Inc. v Env . Health. & Nat. Res 



95 EHR 0576 


Gray 


04/25/96 




95 EHR 0647 


Becton 


01/24/97 




95 EHR 0843 


Reilly 


07/17/96 




95 EHR 0941 


West 


05/01/96 




95 EHR 1198*= 


Smith 


03/27/96 


1 1 02 NCR 97 


95 EHR 1199*= 


Smith 


03/27/96 


11:02 NCR 97 


95 EHR 1240 


Reilly 


04/22/96 




96 EHR 0064 


Smith 


07/01/96 




96 EHR 0168 


Phipps 


05/06/96 




96 EHR 0320 


Gray 


05/12/97 




96 EHR 0596 


Smith 


01/23/97 




96 EHR 0644 


Reilly 


08/13/96 




96 EHR 0751 


Gray 


04/21/97 




96 EHR 0826 


West 


10/01/96 




96 EHR 0846 


Reilly 


04/22/97 


11:28 NCR 2175 


96 EHR 0947 


Smith 


10/04/96 




96 EHR 1057 


Chess 


02/04/97 




96 EHR 1126 


Reilly 


04/02/97 


11:27 NCR 2097 


96 EHR 1239 


Gray 


05/08/97 




96 EHR 1258 


Becton 


01/14/97 




96 EHR 1293 


Chess 


02/17/97 




96 EHR 1301 


Reilly 


12/18/96 




96 EHR 1397 


Reilly 


12/10/96 




96 EHR 1897 


Reilly 


05/09/97 




97 EHR 0171 


Chess 


04/02/97 




97 EHR 0218 


Reilly 


05/08/97 





Coastal Resources 



Martin W. Synger v. Division of Coastal Management 95 EHR 1006 

J. E. Smith Construction Co. v. Division of Coastal Management 96 EHR 0074 

Theodore D, Barris v. Town of Long Beach. NC & Coastal Mgmt. EHNTi 96 EHR 0277 

Town of Sunset Beach v EHNR. Division of Coastal Management 96 EHR 1112 



Chess 


05/13/96 




Smith 


02/23/96 




West 


05/09/96 




Becton 


03/26/97 


1 1 :26 NCR 2045 



En\ironmental Health 

Forest Gate Motel v. Environment. Health, and Natural Resources 
Paradise Ridge Home Owners by Anne Norburn v EHNR. Env. Health 
Zack Diakogiannis v. EHNTl. Division of Environmental Health 



96 EHR 0076 


West 


06/17/96 


96 EHR 0162 


Phipps 


05/06/96 


96 EHR 0768 


Gray 


01/08/97 



( 



2269 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
^aJMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Environmental Management 

Frank A. Corriher & Sons Well Drilling, Inc. v. Env. Mgmt., EHNR 
North Buncombe Assoc of Concerned Citizens v. Env. Mgmt. EHNR 
Ford Motor Company v. EHNR, Division of Environmental Management 
Herman E Smith v. Division of Environmental Management 
Lake Summit Property Owners Assoc, v. EHNR, Environmental Mgmt. 
Conover Lumber Co., Inc. v. EHNR, Division of Environmental Mgmt. 
City of Reidsville, a Municipal Corp. v. EHNR, Environmental Mgmt. 
Jack West d/b/a Jack West Tree Service v. Environmental Mgmt. Comm. 
The Smithfield Packing Co., Inc., v. EHNR, Environmental Mgmt. 
and 
Citizens for Clean Industry, Inc. and Bladen Environment 
Commscope, Inc. v. EHNR, Division of Environmental Management 
Stephen L. Reedy v. EHNR, Division of Environmental Management 
Rayco Utilities, Inc. v EHNR. Division of Environmental Management 
Clover M Farms, Inc. v. EHNR, Division of Environmental Management 
Providence Glen Associates v. Environmental Management, EHNR 
R.H. Mohesky and Clover M Farms, Inc. v. EHNR, Environmental Mgmt. 
Overcash Gravel & Grading Co., Inc. v. Division of Envirotunental Mgmt 



95 EHR 0048 


Phipps 


09/20/96 


11:14 NCR 1191 


95EHR0108 


Chess 


02/03/97 


11;24NCR 1866 


95 EHR 0588 


Smith 


12/20/96 




95 EHR 0962 


West 


04/30/96 




95 EHR 1022 


Reilly 


12/30/96 




95 EHR 1081 


Reilly 


04/12/96 




95 EHR 1335 


Gray 


10/01/96 


11:15 NCR 1249 


95 EHR 1421 


Morrison 


04/08/96 




95 EHR 1474 


West 


07/03/96 




96 EHR 0078 


Gray 


12/23/96 




96 EHR 0181 


Gray 


12/16/96 




96 EHR 0367 


Becton 


10/04/96 




96 EHR 0405 


Becton 


06/10/96 




96 EHR 0648 


Becton 


08/12/96 




96 EHR 0649 


Morrison 


04/28/97 


11:28 NCR 2171 


96 EHR 0990 


West 


10/29/96 





Land Resources 



K&G Properties, Inc. v. EHNR, Division of Land Resources 
Marine Fisheries 



95 EHR 1078 



Smith 



03/25/96 



Robert I. Swinson, Sr. v EHNR, Health & Nat. Res., Marine Fisheries 
Grayden L. Fulcher and Michael Styron, Sr. v, Div. of Marine Fisheries 
Johnny R. Stotesberry v. Marine Fisheries Commission 
Julian G Gilgo v Environment, Health, and Natural Resources 



95 EHR 0320 


Chess 


03/29/96 


11:03 NCR 168 


96 EHR 0003 


Reilly 


03/06/96 




96 EHR 0072 


Gray 


08/19/96 


11:11 NCR 955 


96 EHR 0692 


West 


12/06/96 


11:19 NCR 1530 



Radiation Protection 

Marsha L. Powell v. EHNR, Division of Radiation Protection 
Nancy S. Webb v. EHNR, Division of Radiation Protection 
Olivia Joyce Foushee v. EHNR, Division of Radiation Protection 



96 EHR 1116 


Smith 


10/10/96 


96 EHR 1131 


Gray 


10/23/96 


96 EHR 1221 


Chess 


01/31/97 



Waste Management 

R. Donald Phillips v. EHNR, Solid Waste Management Division 95 EHR 1 190*' 

R. Donald Phillips v. EHNR, Solid Waste Management Division 96 EHR 0554*' 

Town of Boone. James Dugger & Anthony S. Di Santi v. EHNR, SWM 96 EHR 0589 
GRACE and Margaret L Caudle-Beck v. EHNR, Solid Waste Management 96 EHR 1 125 
GRACE and Margaret L. Caudle-Beck v. EHNR, Solid Waste Management 96 EHR 1 125 
Herman Regmi v. EHNR, Division of Solid Waste Management 96 EHR 1711 

Water Quality 

Ben Moses v. EHNR, Division of Water Quality 96 EHR 1085 

WIC Program 



Gray 


05/22/96 


Gray 


05/22/96 


Reilly 


05/13/97 


Phipps 


12/06/96 


Phipps 


02/18/97 


Chess 


03/19/97 



Phipps 



01/21/97 



Lazelle Marks v. EHNR, Division of Maternal and Child Health 
Hani Sader v Nutrition Services, Div/Maternal & Child Health, EHNR 
Bob's Quick Mart, Bobby D. Braswell v. Env., Health, & Natural Res. 
Larry E. Mis v. USDA-Food/Cons Svc, Cory Menees-WIC Prog., EHNR 
Naser H. Hammad v Dept. of Environment. Health. & Natural Resources 
Jamil M. Saleh v Dept. of Environment. Health. & Natural Resources 
Khaled M. Alzer v. Dept. of Environment. Health. & Natural Resources 
LMT Enterprises. Inc. v. EHNR. Maternal & Child Health. Nutrition Svcs. 

EQUAL EMPLOYMENT OPPORTUNITIES 



95 EHR 0870 


West 


03/27/96 


96 EHR 0054 


West 


05/22/96 


96 EHR 0091 


Smith 


04/02/96 


96 EHR 0164 


Phipps 


03/19/96 


96 EHR 0632 


Reilly 


07/09/96 


96 EHR 0634 


Phipps 


09/04/96 


96 EHR 0721 


Reilly 


07/30/96 


96 EHR 11 18 


Chess 


03/20/97 



Marsha Dianne McKoy v , DHR. DMH/DD/SAS. Caswell Center 90 EEC 0379 

Carl D. Davis v. Department of Correction 91 EEC 1101 

HUMAN RESOURCES 



Chess 
Smith 



10/08/96 
05/06/96 



Cassandra M. Deshazo v, Christine E. Carroll, Chf Chid Abuse/Neg. Sec. 95 DHR 1410 

Medicus Robinson v. Department of Human Resources 96 DHR 0167 

Briithaven. Inc. v DHR. Div/Facility Services. Certification Section 96 DHR 0186 

Mr. & Mrs. Ronald Harris v. Department of Human Resources 96 DHR 0864 



Phipps 


03/28/96 


Smith 


04/12/96 


Reilly 


03/06/97 


Gray 


03/14/97 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2270 



CONTESTED CASE DECISIONS 



AGENCY 



Chris and Wendy Cook v Departmenc of Human Resources 

Linda Gabriel Wallace v Charloite Healih Care Center 

Gerald F Clemens, Deborah B demons v. Dept. of Human Resources 

Shawn C. Battle, Sherry A. Battle v Department of Human Resources 

Irma H. Pender v. Department of Human Resources 

Division of Child Development 

Molly Fallin v Department of Human Resources 

Molly Fallin v. Department of Human Resources 

Mary T. Hill v DHR, Division of Child Development 

lola Roberson v DHR. Division of Child Development 

Zannie M Allen v DHR, Division of Child Development 

Mt Pleasant Church v DHR. Division of Child Development 

Rolling Oaks Day Care Home Patricia M, Lapier v. DHR, Div/Child Dev. 

Yvette Nivens v. DHR, Division of Child Development 

Sarah M. Carr. CSWM v. DHR, Division of Child Development 

Anita Hamilton, VL's Day Care Center v. DHR. Div of Child Development 



CASE 




DATE OF 


^fUMBER 


AU 


DECISION 


96 DHR 1543 


Reilly 


04/11/97 


96 DHR 1544 


Phipps 


01/23/97 


96 DHR 1701 


Smith 


04/07/97 


96 DHR 1703 


Chess 


03/18/97 


96 DHR 2603 


Chess 


04/28/97 



PUBLISHED DECISION 
REGISTER CITATION 



94 DHR 0872*' 


Gray 


05/15/96 


95 DHR 1013*' 


Gray 


05/15/96 


95 DHR 1192 


Phipps 


03/27/96 


95 DHR 1244 


Gray 


05/16/96 


96 DHR 0304 


Gray 


08/15/96 


96 DHR 0720 


Gray 


11/19/96 


96 DHR 1108 


Gray 


04/17/97 


96 DHR 1161 


Morrison 


11/19/96 


96 DHR 2089 


Smith 


02/11/97 


97 DHR 0033 


Gray 


03/18/97 



{ 



Division of Facility Services 

Eloise Brown v, Dept. of Human Resources, Division of Facility Services 

Harry Martin Bastian v. DHR, Division of Facility Services 

Kelly Thomas v DHR. Division of Facility Services 

Community Care #2 v, DHR. Division of Facility Services 

Community Care #4 v DHR. Division of Facility Services 

Billie Mitchell v Department of Human Resources (DFS) 

Jo Ann Boyd Capps v. DHR. Division of Facility Services 

Peggy Murray v DHR. Division of Facility Services 

Harold R- Jackson v. DHR. Division of Facility Services 

Richard Joseph Bisciaio v, DHR. (Nurse Aide Registry) Div. /Facility Svcs. 

Gloria J. Butler v DHR. Division of Facility Services 

Felicia Burgh Lloyd v. Nurse Aide Registry and Healthcare Registry 

Noreen J. Lyston v Human Resources. Division of Facility Services 



95 DHR 1002 


Phipps 


03/07/96 




96 DHR 0287 


West 


08/21/96 




96 DHR 0670 


Becton 


01/29/97 


11:23 NCR 1803 


96 DHR 0934 


Becton 


10/16/96 




96 DHR 0935 


Becton 


10/16/96 




96 DHR 0975 


Phipps 


01/02/97 




96 DHR 1115 


Gray 


12/12/96 




96 DHR 1531 


Smith 


01/31/97 




96 DHR 1834 


Chess 


04/10/97 




96 DHR 1971 


West 


02/24/97 




96 DHR 21 13 


West 


01/31/97 




97 DHR 0210 


Phipps 


04/24/97 




97 DHR 0260 


Reilly 


05/06/97 





Certificate of Need Section 

Nash Hospitals. Inc. v. DHR. Div/Facility Services, Cert, of Need Sect 95 DHR 1 176** Phipps 

Pitt Cty Mem. Hospital, Inc. v DHR, Div/Facility Svcs, Cert/Need Sect. 95 DHR 1 177** Phipps 

Tar Heel Home Health, Inc v. DHR, Div/Facility Svcs, Cert/Need Sect. 96 DHR 0513 Morrison 



05/23/96 
05/23/96 
01/22/97 



11:06 NCR 389 
11:06 NCR 389 
11:22 NCR 1761 



Group Care Licensure Section 

Alex L- McCall v DHR, Div/Facility Svcs, Group Care Licensure Sec. 
DHR. Facility Services. Group Care Licensure Sect, v Petrova Evans 
Leola Barnes. Shaw Family Care v. DHR. Fac Svcs. Group Care Lie. 
Gracelane Rest Home v. Group Care Lie Section, Div. of Soc. Svcs. 



95 DHR 1456 


Smith 


03/26/96 


96 DHR 0544 


Phipps 


08/21/96 


96 DHR 0626 


West 


10/01/96 


96 DHR 0944 


Becton 


10/16/96 



Medical Facilities Licensure Section 



Britthaven. Inc. v. DHR. Div/Facility Svcs. Medical Facilities Lie Sec. 

Deborah Reddick v. Department of Human Resources 

Stacey Yvette Franklin v Facility Services. Medical Facilities Lie. Sec. 

Division of Medical Assistance 



95 DHR 1412 


Reilly 


03/06/97 


96 DHR 0240 


Reilly 


06/18/96 


96 DHR 0358 


Morrison 


05/16/96 



Judy Malcuii, Re Melissa Malcuit v. DHR. Div. of Medical Assistance 96 DHR 0129 

Durham Reg. Hsptl. Behavioral Hlth Svcs. v. Medical Assistance. DHR 96 DHR 0637 
Jerry Heath v. DHR. Division of Medical Assistance 96 DHR 0752 

Charlotte-Mecklenburg Hospital Authority v. DHR, Div. of Medical Assist. 96 DHR 1534 



Gray 


06/12/96 


West 


09/20/96 


Chess 


10/07/96 


Gray 


04/08/97 



Division of Social Senices 

Crystean Fields v Department of Human Resources 

Rozena Chambliss v Department of Human Resources 

Addie & Major Short v. Department of Human Resources 

Mr and Mrs. Jessie Stevenson v. DHR, Division of Social Services 

William G Fisher v. DHR. Div. of Social Services. Prog Integrity Branch 

Verna F Nunn v Department of Human Resources 

Nancy Hooker. Helen Tyndall v. Department of Human Resources 

Monica Ferrari and Justin Ferrari v Pender County DSS 

Monica Ferrari and Justin Ferrari v. New Hanover County DSS 



95 DHR 1001 


Gray 


07/05/96 


95 DHR 1044 


Smith 


03/12/96 


95 DHR 1063 


Morrison 


03/19/96 


95 DHR 1072 


Phipps 


03/15/96 


95 DHR 1234 


Morrison 


03/19/96 


95 DHR 1330 


Gray 


04/11/96 


96 DHR 0155 


Gray 


04/26/96 


96 DHR 1425 


Morrison 


12/13/96 


96 DHR 1471 


Morrison 


12/13/96 



( 



2271 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Child Support Enforcement Section 

Donald E. Rideoui Jr. v. Departmeni of Human Resources 
Christopher F Roakes v Department of Human Resources 
Claude Eure Jr. v. Departmeni of Human Resources 
Richard R. Fox, Sr. v Department of Human Resources 
Joselito D Pilar v. Department of Human Resources 
David Lee Grady v Department of Human Resources 
Patrick Orlando Crump v. Department of Human Resources 
Peter Robert Kovolsky v. Department of Human Resources 
Tony Lee Zapata v. Departmeni of Human Resources 
Lawrence Dow Dean v Department of Human Resources 
Carl E. Coffey v Department of Human Resources 
Keith Dewayne Senters v. Departmeni of Human Resources 
Lonnie Dawes v. Department of Human Resources 
Mickey Turner v Department of Human Resources 
James Joseph Gallagher v Department of Human Resources 
James Thomas McRae v. Department of Human Resources 
Vincent E. Koehler v Department of Human Resources 
David J Moseley v. Department of Human Resources 
Derrick L. Conyers v. Department of Human Resources 
Charles Edward Smith v Department of Human Resources 
Kevin Vereen v Department of Human Resources 
James Curtis Witwer v. Department of Human Resources 
Thornell Bowden v. Department of Human Resources 
Herbert W Donahue Jr. v Department of Human Resources 
Henry S. Sada v. Departmeni of Human Resources 
Charles F Moore v. Department of Human Resources 
Daniel Leslie Baker v. Department of Human Resources 
Kenneth L. Lindsey v. Department of Human Resources 
John L Pike v. Department of Human Resources 
Wm. R. Evans v Departmeni of Human Resources 
Rory J. Curry v Department of Human Resources 
Lorin A Brown v. Department of Human Resources 
Marcus Anthony Butts v. Department of Human Resources 
Cynthia Pinder v. Department of Human Resources 
Rhonnie J. Williams v Department of Human Resources 
Ramon Domenech v. Department of Human Resources 
Lennard J Watson v. Department of Human Resources 
Timothy R. Brewer, Sr v Department of Human Resources 
Dennis L McNeill v Department of Human Resources 
Tony A. Rogers v. Department of Human Resources 
Rick E. Atkins v. Department of Human Resources 
Willis Herron v. Department of Human Resources 
Timothy A Ratley (Jeanes) v Department of Human Resources 
Richard E. Reader v Department of Human Resources 
Wendel McDonald v Department of Human Resources 
Wilbur Dewayne Bault v Department of Human Resources 
Reginald B. Bratton Sr v Department of Human Resources 
James C. Smith v. Department of Human Resources 
Ronald D Johnson v Department of Human Resources 
Johnny Leary v. Department of Human Resources 
Jimmy Strickland v Department of Human Resources 
John W. Scott v. Department of Human Resources 
Calvin S- Austin v Department of Human Resources 
Derek Henslee v Department of Human Resources 
Donald L. Carr, Jr v. Department of Human Resources 
Norman Waycaster v. Department of Human Resources 
Andre Duncan v. Department of Human Resources 
Lorenzo Wilson v. Department of Human Resources 
Mark Kevin Burns v. Department of Human Resources 
Cyril Lloyd Payne v. Department of Human Resources 
Charles H. Johnson v. Departmeni of Human Resources 
Willie James Myers v. Department of Human Resources 
Christopher F. Byrne v. Departmeni of Human Resources 
Richard Painall Burch v. Departmeni of Human Resources 
Charles Gillispie v. Department of Human Resources 
Teresa Reynolds v. Department of Human Resources 
Thornell Bowden v Department of Human Resources 
Kenneth Edward Burns v. Departmeni of Human Resources 
Carl R. Ritter v. Department of Human Resources 
William Charles Rorie v. Departmeni of Human Resources 
Leon Gibson v Department of Human Resources 



95 CSE 0952 


Reilly 


04/18/96 


95CSE 1131 


Becton 


05/03/96 


95 CSE 1155 


Phipps 


06/12/96 


95 CSE 1169 


Becton 


03/19/96 


95 CSE 1180 


Chess 


03/01/96 


95 CSE 1218 


Morrison 


03/26/96 


95 CSE 1221 


Smith 


03/05/96 


95 CSE 1230 


Becton 


03/11/96 


95 CSE 1266 


Gray 


05/02/96 


95 CSE 1267 


Morrison 


03/29/96 


95 CSE 1270 


Smith 


03/15/96 


95 CSE 1273 


Phipps 


04/01/96 


95 CSE 1274 


Smith 


06/12/96 


95 CSE 1278 


Smith 


03/14/96 


95 CSE 1280 


Chess 


03/19/96 


95 CSE 1296 


Chess 


03/15/96 


95 CSE 1301 


Phipps 


05/09/96 


95 CSE 1304 


Chess 


03/29/96 


95 CSE 1308 


Reilly 


03/13/96 


95 CSE 1309 


West 


03/07/96 


95 CSE 1315 


Phipps 


05/06/96 


95 CSE 1331 


Becton 


03/26/96 


95 CSE 1345 


Morrison 


03/07/96 


95 CSE 1346 


Reilly 


11/15/96 


95 CSE 1367 


Smith 


03/21/96 


95 CSE 1369 


Chess 


03/27/96 


95 CSE 1373 


Morrison 


03/12/96 


95 CSE 1375 


West 


06/24/96 


95 CSE 1376 


Smith 


03/21/96 


95 CSE 1377 


Becton 


03/11/96 


95 CSE 1380 


Mann 


03/15/96 


95 CSE 1382 


Reilly 


04/18/96 


95 CSE 1405 


Smith 


03/27/96 


95 CSE 1406 


Becton 


03/11/96 


95 CSE 1407 


Chess 


05/06/96 


95 CSE 1408 


Phipps 


03/11/96 


95 CSE 1414 


Mann 


08/23/96 


95 CSE 1433 


West 


12/10/96 


95 CSE 1435 


Becton 


03/13/96 


95 CSE 1436 


Chess 


05/16/96 


95 CSE 1437 


Phipps 


04/01/96 


95 CSE 1447 


Gray 


03/18/97 


95 CSE 1465 


Morrison 


03/26/96 


95 CSE 1469 


Smith 


04/29/96 


95 CSE 1470 


Becton 


07/29/96 


95 CSE 1475 


West 


03/13/96 


96 CSE 0002 


Mann 


08/23/96 


96 CSE 0034 


Gray 


05/10/96 


96 CSE 0084 


Smith 


03/27/96 


96 CSE 0085 


Becton 


05/03/96 


96 CSE 01 19 


Chess 


07/08/96 


96 CSE 0130 


Mann 


03/15/96 


96 CSE 0140 


Phipps 


05/17/96 


96 CSE 0188 


Reilly 


05/17/96 


96 CSE 0200 


West 


05/30/96 


96 CSE 0245 


Becton 


05/16/96 


96 CSE 0249 


Chess 


09/25/96 


96 CSE 0257 


Phipps 


05/06/96 


96 CSE 0271 


Morrison 


06/24/96 


96 CSE 0272 


Reilly 


05/31/96 


96 CSE 0295 


West 


07/15/96 


96 CSE 0299 


Becton 


07/19/96 


96 CSE 0336 


Chess 


06/26/96 


96 CSE 0339 


Phipps 


06/27/96 


96 CSE 0365 


Mann 


07/23/96 


96 CSE 0369 


Gray 


07/23/96 


96 CSE 0370 


Morrison 


05/17/96 


96 CSE 0379 


Reilly 


07/18/96 


96 CSE 0380 


West 


05/08/96 


96 CSE 0388 


Smith 


08/01/96 


96 CSE 0389 


Becton 


07/02/96 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2272 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PLiBLISHED DECISION 
REGISTER CITATION 



Dioni Delvalle, n V Departmeni of Human Resources 96 CSE 0407 Chess 0inil9(, 

Gerald Roger Beachum Jr V. Department of Human Resources 96CSE0411 Phipps 06/24/96 

Anderson I, Wardlow v Department of Human Resources 96 CSE 0412 Mann 08/05/96 

Daniel J Carter V Department of Human Resources 96 CSE 0417 Gray 06/24/96 

Kelvin Tarlton V Department of Human Resources 96 CSE 0424 Morrison 05/29/96 

Steven Craig Mooney V Department of Human Resources 96 CSE 0425 Reilly 07/08/96 

John L Cherry Jr V. Departmeni of Human Resources 96 CSE 0426 West 06/24/96 

Arthur Jemerson V Department of Human Resources 96 CSE 0427 Smith 08/01/96 

Michael S. Covmgton V. Deparunent of Human Resources 96 CSE 0428 Becton 08/02/96 

Gary Steele V. Department of Human Resources 96 CSE 0429 Chess 08/26/96 

Terry Sealey V Department of Human Resources 96 CSE 0430 Phipps 05/29/96 

Jackie L Kopczick v Department of Human Resources 96 CSE 0431 Mann 06/05/96 

Virginia McDowell Ramsey V. Department of Human Resources 96 CSE 0464 Gray 08/02/96 

D. Wayne Gray v Department of Human Resources 96 CSE 0465 Morrison 08/02/96 

Claude R Anderson v Department of Human Resources 96 CSE 0502 Reilly 07/22/96 

Alan Kendell Locklear v. Department of Human Resources 96 CSE 0503 West 05/30/96 

Willie J Parker V Departmeni of Human Resources 96CSE0517 Smith 02/21/97 

Douglas F McBryde V Department of Human Resources 96 CSE 0518 Becton 08/19/96 

Thomas White v Department of Human Resources 96 CSE 0519 Chess 08/29/96 

James Trevor Emerson v. Department of Human Resources 96 CSE 0545 Phipps 07/25/96 

Ray Davis Hood v Department of Human Resources 96 CSE 0547 Mann 09/12/96 

Leon McNair V Deparunent of Human Resources 96 CSE 0557 Morrison 08/08/96 

John William White v. Department of Human Resources 96 CSE 0558 Reilly 08/14/96 

Hazel L Walker V Departmeni of Human Resources 96 CSE 0559 West 06/24/96 

TayloriaY Manns v Department of Human Resources 96 CSE 0564 Smith 08/15/96 

Carl S. McNair V, Deparunent of Human Resources 96 CSE 0568 Becton 06/24/96 

David Agurs v. Department of Human Resources 96 CSE 0580 Chess 06/13/96 

King Sanders Jr V, Departmeni of Human Resources 96CSE0581 Phipps 08/22/96 

Sandra Kay Carpenter V Department of Human Resources 96 CSE 0595 Gray 08/29/96 

Christopher Clyde Barrino Jr. v. Department of Human Resources 96 CSE 0603 Morrison 08/26/96 

Clinton Sutton V Department of Human Resources 96 CSE 0629 Reilly 08/29/96 

Dave L James V Department of Human Resources 96 CSE 0638 West 07/15/96 

Jonathan Bernard Copper V Department of Human Resources 96 CSE 0642 Phipps 09/03/96 

Stanley Lewis Turner V Department of Human Resources 96 CSE 0650 Smith 02/05/97 

Lisa Privette V, Deparunent of Human Resources 96 CSE 0651 Becton 09/30/96 

Franklin D. Deese V, Departmeni of Human Resources 96 CSE 0690 Mann 07/23/96 

Jan Smith Osborne V Departmeni of Human Resources 96 CSE 0703 Gray 10/04/96 

Mark Allen Rose Sr V Deparunent of Human Resources 96 CSE 0732 Morrison 09/30/96 

Mark P Crosby V, Deparunent of Human Resources 96 CSE 0733 Reilly 09/30/96 

Roger L Jones V Department of Human Resources 96 CSE 0762 West 05/08/97 

Bernard D Brothers V Departmeni of Human Resources 96 CSE 0774 Smith 11/13/96 

Renee G Arriola V. Departmeni of Human Resources 96 CSE 0790 Becton 08/14/96 

Isaac Massey Jr V Department of Human Resources 96 CSE 0844 Phipps 10/25/96 

Darryl Leon White V Department of Human Resources 96 CSE 0845 Mann 10/29/96 

Philip Purnell V Deparunent of Human Resources 96 CSE 0878 Phipps 10/25/96 

Edwin Southards V, Department of Human Resources 96 CSE 0968 Gray 10/25/96 

Mary Vanover V Department of Human Resources 96 CSE 0981 Morrison 10/24/96 

Cabot S Pollard v. Department of Human Resources 96 CSE 1012 Reilly 10/28/96 

Johnnie B Walton V Departmeni of Human Resources 96 CSE 1071 Smith 11/14/96 

Timothy P. Ruth v Deparunent of Human Resources 96 CSE 1086 Becton 10/30/96 

Thomas Lee Glenn V Department of Human Resources 96CSE1170 Reilly 12/10/96 

William S Freeman V. Deparunent of Human Resources 96CSE1184 Smith 01/10/97 

David W Williams V, Departmeni of Human Resources 96 CSE 1186 Chess 04/28/97 

James Benson V Cumberland Child Support Enforcement 96 CSE 1187 Phipps 02/06/97 

Randy Dale Finnicum V Department of Human Resources 96 CSE 1191 Gray 12/12/96 

William A Cotton V Departmeni of Human Resources 96 CSE 1212 Morrison 01/10/97 

Melvin S. Trapp V. Department of Human Resources 96 CSE 1222 Smith 03/13/97 

Winston B. Scott v. Deparunent of Human Resources 96 CSE 1223 West 02/10/97 

Thomas M Stanley V Child Support Enforcement Agy Cumberland Cty. 96 CSE 1241 Mann 05/06/97 

James Paul Robinson V Department of Human Resources 96 CSE 1242*^ Gray 05/16/97 

Janet W Walker v Departmeni of Human Resources 96 CSE 1243 Morrison 03/18/97 

David Aldridge V. Department of Human Resources 96 CSE 1251 Chess 04/28/97 

Michael R Bryant v. Department of Human Resources 96 CSE 1253 Phipps 01/14/97 

Willie M, Gregory V. Deparunent of Human Resources 96 CSE 1259 Chess 04/15/97 

Dallas F. Butler V Deparunent of Human Resources 96 CSE 1261 Phipps 02/06/97 

Robert James Moore Junior V. Departmeni of Human Resources 96 CSE 1264 Mann 02/10/9'' 

Washington J James, in V Departmeni of Human Resources 96CSE1276 Chess 11/04/96 

Leslie E. Little V Department of Human Resources 96 CSE 1282 Smith 01/10/97 

Otis L Hinton V Deparunent of Human Resources 96 CSE 1295 Smith 03/13/97 

David W. Thompson V Departmeni of Human Resources 96 CSE 1298 Phipps 02/06/97 

Jimmie Lee Jones V Departmeni of Human Resources 96 CSE 1300 Gray 02/07/97 

Michael Slurdivani v. Deparunent of Human Resources 96 CSE 1304 Reilly 02/06/97 

James Paul Robinson V. Departmeni of Human Resources 96 CSE 1327*^ Gray 05/16/97 

Tommy R Thompson v Deparunent of Human Resources 96 CSE 1328 Mann 12/10/96 



2273 



NORTH CAROLINA REGISTER 



June 2. 1997 



11:29 



CONTESTED CASE DECISIONS 



AGENCY 



Julian L. Barrett v. Department of Human Resources 

Richard A. Patton Jr. v. Department of Human Resources 

Kenneth R Blount v Department of Human Resources 

Anthony Bernard Crawford v Department of Human Resources 

Russell Pearson v. Department of Human Resources 

Harry J. Cook v Department of Human Resources 

David B. Biggers v. Department of Human Resources 

Donald (Glendon) Ryan v. Department of Human Resources 

Joseph Davis v. Department of Human Resources 

Jethero Davidson Jr. v. Department of Human Resources 

Garry G. Hickman v. Departmtne of Human Resoruces 

Jeffrey Len Ezzell v. Department of Human Resources 

Tessa Jones v Department of Human Resources 

Wilbert J Boykin v Department of Human Resources 

Wayne R Frazier v Department of Human Resources 

Raymond G. Molina v. Deparunent of Human Resources 

Robert R. Pray v. Department of Human Resources 

Marion A. Ward v Department of Human Resources 

Adrian L. Steele v. Department of Human Resources 

Lee G. Sanders Jr. v. Department of Human Resources 

Julio Alvarado, Jr. v. Department of Human Resources 

Robin G. Staten v. Department of Human Resources 

Edward F. Murphy v. Department of Human Resources 

Thomas B. Heller v. Department of Social Services. Ellen Marion Wymann 

Ken Lail v. Department of Human Resources 

Robert A. Green v. Department of Human Resources 

Allah M. Thomas U v. Department of Human Resources 

Michael Roddy v. Department of Human Resources 

Kermit Carl Johnson v. Department of Human Resources 

Charlie Thomas Smith v Department of Human Resources 

Clarence Stevenson. Jr. v. Department of Human Resources 

Federico R. Alire v. Department of Human Resources 

Walter Love v. Department of Human Resources 

William D. Wall v. Child Support Enforcement 

S alvalore Mitchell Dichiera v. Department of Human Resources 

Billy C. Cummings v. Department of Human Resources 

Randy Earl Richardson v, Northampton County Dept. of Social Services 

Mr. Rickey K. Terry v. Child Support Enforcement Agency 

James McCollough v. Department of Human Resources 

Joseph T. Maddox v. Department of Human Resources 

Thomas R Rotundo v Mecklenburg County Child Support Enforcement 

Mike Oser v. Department of Human Resources 

Raleigh W. Nickerson v Guilford County Child Support Enforcement 

Ambrose Lamin v. Office of Child Support & Enforcement North Carolina 

Gerald L. Pendergrass v. Department of Human Resources 

Dennis R Kozee v. Department of Human Resources 

Mark Owens Frink v Department of Human Resources 

Kelvine Lance Thompson v. Department of Human Resources 

Robert Venice Flagg. Jr. v. Department of Human Resources 

Larry D. Worthy v. Forsyth County Child Support 

Darryl Wiley v Child Support Enforcement 

Christopher A. Abney v Department of Human Resources 

Marcus Watkins v. Stanly Cty Department of Social Services 

Mickey Bridgett v. Department of Human Resources 

Deena C. Routhier v Department of Human Resources 

Mark Pulliam v. Department of Human Resources 

James A. Fuliz v Department of Human Resources 

David Lynn Jones v. Department of Human Resources 

Donald R. Felton v. Department of Human Resources 

Ronald Terry Brown v. Cumberland County Child Support Enforcement 

John Murray v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

E. Burt Davis. Jr. v. Department of Human Resources 

Mari L. Ross v. Department of Human Resources 

Reginald A. Barnes v. Department of Human Resources 

Boyce P. Banks v. Guildford County Child Support Enforcent Agency 

Brian Thomas v. Child Support Enforcement 

John A. Guy ton v. Department of Human Resources 

Mark A. Blackburn v. Department of Human Resources 

Norris Kelvin Cason v. Deparunent of Human Resources 

Spencer B. Miller v. Department of Human Resources 

Craig C. Coleman, Sr. v. Cumberland County Child Support Enforcement 

Boyd R. Kelley v. Cumberland County Child Support Enforcement 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


96CSE 1330 


Morrison 


02/06/97 


96CSE 1331*"' 


Reilly 


02/06/97 


96 CSE 1332 


West 


01/30/97 


96 CSE 1333 


Smith 


11/14/96 


96 CSE 1334 


Becton 


02/06/97 


96 CSE 1339 


Gray 


12/12/96 


96 CSE 1342 


West 


04/28/97 


96 CSE 1344 


Becton 


01/31/97 


96 CSE 1346 


Gray 


02/18/97 


96 CSE 1347 


Morrison 


11/14/96 


96 CSE 1349*" 


West 


02/10/97 


96 CSE 1370*" 


Phipps 


02/06/97 


96 CSE 1371*" 


Mann 


02/10/97 


96 CSE 1375 


Morrison 


12/10/96 


96 CSE 1377 


West 


02/10/97 


96 CSE 1378 


Gray 


12/12/96 


96 CSE 1379 


Morrison 


01/09/97 


96 CSE 1380 


Reilly 


11/15/96 


96 CSE 1381 


West 


03/21/97 


96 CSE 1400 


Smith 


02/10/97 


96 CSE 1401 


Chess 


04/28/97 


96 CSE 1402 


Gray 


12/12/96 


96 CSE 1412 


Smith 


12/12/96 


96 CSE 1414 


Phipps 


04/30/97 


96 CSE 1432 


Becton 


02/17/97 


96 CSE 1437*'- 


Gray 


12/12/96 


96 CSE 1439 


Reilly 


03/21/97 


96 CSE 1441*=° 


Smith 


02/17/97 


96 CSE 1444 


Chess 


04/28/97 


96 CSE 1445 


Phipps 


12/12/96 


96 CSE 1457 


Morrison 


02/18/97 


96 CSE 1461 


Becton 


02/17/97 


96 CSE 1464*=' 


Gray 


02/18/97 


96 CSE 1472*" 


Morrison 


02/18/97 


96 CSE 1474 


Smith 


01/30/97 


96 CSE 1475 


Becton 


02/17/97 


96 CSE 1486 


West 


01/31/97 


96 CSE 1487 


Smith 


02/06/97 


96 CSE 1490 


Phipps 


01/09/97 


96 CSE 1494 


Reilly 


02/25/97 


96 CSE 1501*=' 


Becton 


04/02/97 


96 CSE 1503 


Chess 


01/24/97 


96 CSE 1509 


Gray 


02/03/97 


96 CSE 1511 


West 


03/05/97 


96 CSE 1514 


Morrison 


03/03/97 


96 CSE 1518 


Becton 


01/31/97 


96 CSE 1523 


Mann 


02/10/97 


96 CSE 1538 


Becton 


01/09/97 


96 CSE 1545 


Chess 


01/24/97 


96 CSE 1546 


Phipps 


02/03/97 


96 CSE 1547 


Mann 


02/10/97 


96 CSE 1552 


Reilly 


01/30/97 


96 CSE 1553 


West 


02/04/97 


96 CSE 1556 


Smith 


03/13/97 


96 CSE 1557 


Smith 


03/13/97 


96 CSE 1559 


Chess 


01/24/97 


96 CSE 1560 


Phipps 


01/30/97 


96 CSE 1562 


Gray 


03/10/97 


96 CSE 1569 


Chess 


04/28/97 


96 CSE 1572 


Phipps 


03/06/97 


96 CSE 1575 


Morrison 


04/30/97 


96 CSE 1577 


West 


02/17/97 


96 CSE 1579 


Chess 


01/28/97 


96 CSE 1580 


Phipps 


01/14/97 


96 CSE 1581 


Mann 


12/10/96 


96 CSE 1593 


Morrison 


02/18/97 


96 CSE 1594 


Reilly 


03/21/97 


96 CSE 1595 


West 


05/08/97 


96 CSE 1596 


Smith 


01/30/97 


96 CSE 1606 


Mann 


05/06/97 


96 CSE 1607 


Morrison 


01/09/97 


96 CSE 1608 


Reilly 


03/03/97 


96 CSE 1609 


West 


03/05/97 



PUBLISHED DECISION 
REGISTER CITATION 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2274 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NLTMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Kilamenjaro C Clifton v Department of Human Resources 96 CSE 1615 Morrison 01/09/97 

Larr)' C Raynorv. Department of Human Resources 96 CSE 1616 Reilly 03/21/97 

Evans L- Torrence V. Department of Human Resources 96 CSE 1617 West 03/21/97 

Maria H Morris V. Carteret County Child Support Agency 96 CSE 1618 Smith 01/10/97 

Ronald E. Sanders v. Department of Human Resources 96 CSE 1620 Chess 04/29/97 

Jeffrey S. Lerner V. Department of Human Resources 96 CSE 1621 Phipps 01/09/97 

Kenneth Joe Diamond V Cumberland County Child Support Enforcement 96 CSE 1623*^ Gray 03/03/97 

Kathy Zinck V Deparunent of Human Resources 96 CSE 1626 Reilly 05/16/97 

Gregory C McCauley v Department of Human Resources 96 CSE 1629 Becton 02/28/97 

Franklin Glenn Bryant V, Department of Human Resources 96 CSE 1632 Mann 03/05/97 

Robert Burke V, Department of Human Resources 96 CSE 1633 Morrison 04/30/97 

HermanGrier Jr. V, Department of Human Resources 96 CSE 1636*^ Smith 05/14/97 

Kenneth Weldon v. Department of Human Resources 96 CSE 1643 Phipps 03/06/97 

James Todd Godfrey V Child Support Dept of Social Services 96 CSE 1669 Mann 02/17/97 

Judson T Whitehurst v. Department of Human Resources 96 CSE 1670 West 03/25/97 

Oscar G Mason v. Department of Human Resources 96 CSE 1671 Morrison 03/03/97 

Lenell M. Gales v Department of Human Resources 96 CSE 1674 West 03/05/97 

Spencer L. Allen V. Department of Human Resources 96 CSE 1675 Smith 02/17/97 

Robert E. Lee v. Department of Human Resources 96 CSE 1682 Mann 04/29/97 

Gary Lee HeafnerSr. V Department of Human Resources 96 CSE 1684 Gray 02/03/97 

Hsiu ChuMeachum, A/K/A Linda Meachum V Dept of Human Resources 96 CSE 1685 Morrison 02/28/97 

Kenneth A- Ingle V. Department of Human Resources 96 CSE 1715 Chess 02/20/97 

Dorman E Drake V, Department of Human Resources 96 CSE 1718 Smith 04/29/97 

Billie J. Swain V. Social Services Child Support 96 CSE 1732 Smith 02/17/97 

Raul Lapouble V. Department of Human Resources 96 CSE 1734 Chess 02/20/97 

Michael R Henne v. Randolph County Child Support Enforcement 96 CSE 1735 Gray 03/21/97 

Jamal D Wilborne Sr. V Child Support Enforcement & AFDC 96 CSE 1736 Morrison 02/18/97 

Bobby Joe Mcllwain V, Mecklenburg County Child Support Enforcement 96 CSE 1737 Reilly 02/25/97 

Ronald H. Burridge, Sr V Child Support Enforcement Agency (D.S.S.) 96 CSE 1738 West 03/25/97 

James Jackson V. Department of Human Resources 96 CSE 1739 Smith 02/17/97 

Rolander Y Grice. Sr V, Department of Human Resources 96 CSE 1745 Smith 03/25/97 

Michael J Terrell V. Department of Human Resources 96 CSE 1746 Becton 03/21/97 

Glenn E, Smith V, Department of Human Resources 96 CSE 1748 Phipps 03/24/97 

Donald R, Feltonv. Department of Human Resources 96 CSE 1752 Chess 04/28/97 

Jeffrey Dale Grant V, Department of Human Resources 96 CSE 1753 Reilly 01/30/97 

Harold Ray Armstrong. Jr V Department of Human Resources 95 CSE 1763 Gray 02/03/97 

Gregoo' C McCauley V Department of Human Resources 96 CSE 1768 Smith 02/27/97 

Joseph J. Dunn V. Department of Human Resources 96 CSE 1770*" Mann 02/03/97 

Joseph J Dunn V, Department of Human Resources 96CSE1771»'* Mann 02/03/97 

Ernest G Baldwin v. Department of Human Resources 96 CSE 1773 Reilly 03/21/97 

Wayne Deross v. Department of Human Resources 96 CSE 1775 Smith 04/29/97 

Gregory S. Wolbert V, Department of Human Resources 96 CSE 1783 Mann 02/10/97 

Michael Glenn Stallings V. Child Support Agency Buncombe County 96 CSE 1791 Smith 04/29/97 

Archie Lee Oxendine V Department of Human Resources 96 CSE 1797 Morrison 01/30/97 

Michael Bell V Department of Human Resources 96 CSE 1800 Morrison 01/09/97 

LonnieL Steele V. Forsyth County Child Support Enforcement DSS 96 CSE 1808 Gray 05/14/97 

Clinton T Strickland V. Guilford County Child Support Enforcement 96 CSE 1811 West 03/25/97 

Mr Ronald D. Toomer v. Mecklenburg Cty Child Support Enforcement 96 CSE 1812 Smith 03/25/97 

Terry Tootle V. Department of Human Resources 96 CSE 1813 Becton 03/21/97 

Wayne J Swaringen v. Department of Human Resources 96 CSE 1816 Mann 03/24/97 

Ernest Paul Tinnin V. Guilford County Child Support Enforcement 96 CSE 1841 Phipps 04/30/97 

Reginald Whitmire v. Cleveland Co. DSS 96 CSE 1843 Morrison 03/25/97 

Lawrence F. Myers V Guilford County Child Support Enforcement 96 CSE 1847 Mann 04/29/97 

Robert Potts V Department of Human Resources 96 CSE 1850 Reilly 04/29/97 

Rodney Hanson V. Department of Human Resources 96 CSE 1860 West 03'25'97 

Jimmy Dorsey V. Department of Human Resources 96 CSE 1861 Smith 04/29/97 

Jerome Maddox V, Department of Human Resources 96 CSE 1865 Chess 01/28/97 

Samuel L Powell V. Department of Human Resources 96 CSE 1894 West 03/25/97 

Charles Harris V. Rutherford County Child Support Enforcement 96 CSE 1899 Phipps 04/30/97 

Billy E Adams n V Child Support Enforcement Agency 96 CSE 1900 Mann 03/05/97 

George Hoard V. Child Support Agency Buncombe County 96 CSE 1901 Gray 05/14'97 

Anthony Lemar in V Department of Human Resources 96 CSE 1908 Smith 05/14/97 

Ramon Domenech V. Department of Human Resources 96 CSE 1912 Gray 02/03/97 

Stacy W. Harris V. Department of Human Resources 96 CSE 1918 Mann 05/06/97 

Davey L. Fields v. Tania S. Parker. Orange County Child Support 96 CSE 1933 Becton 05/07'97 

Joseph W. Lupo V. State of NC County of Hoke 96 CSE 1934 Phipps 04/30/97 

Terry Lee Pearson v. Child Support Enforcement 96 CSE 1935 Mann 04/29/97 

Herbert Leon Sellers v Department of Human Resources 96 CSE 1936 Smith 04/29/97 

Terence L. McMurray v Department of Human Resources 96 CSE 1947 Morrison 03/25/97 

Kevin L. Combs V. Department of Human Resources 96 CSE 1949 Reilly 04/29/97 

Richard B Strong v Deparunent of Human Resources 96 CSE 1975 West 05/08/97 

William W Pegram V. Department of Human Resources 96 CSE 1983*^ West 05/08/97 

Patricia Chambers V. Department of Human Resources 96 CSE 1985 Mann 04/29/97 

Dana A Harris V Department of Human Resources 96 CSE 1986 Becton 04/30/97 



2275 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



CONTESTED CASE DECISIONS 



AGENCY 



Amil Rafkah v. Department of Human Resources 

William R Briggs v. Department of Human Resources 

John Kennedy v Department of Human Resources 

Freddie Wade v. Department of Human Resources 

Sanford Tyler v. Department of Human Resources 

Jonah F Fuller v. Department of Human Resources 

Maria Baker v Department of Human Resources 

Daniel E Featherston III v. Department of Social Services 

Thomas Edward Kutchey v. Child Support Enforcement Agency 

Tony Bernel Dunlap v. Department of Human Resources 

Vincent G- Jeronimo v. Department of Human Resources 

Hubert B. Pope Jr. v. Department of Human Resources 

George G. Grill, Sr. v. Child Support Enforcement 

Kelvin R. Watson v. Guilford County Child Support Enforcement 

Phillip L Lewis v. Department of Human Resources 

John William Vestal Sr. v. Department of Human Resources 

George W. Burnett. Jr. v. Department of Human Resources 

Terry C. Brown v. Department of Human Resources 

Alan M. Brown. Sr. v. Department of Human Resources 

Charles F. Haag. Jr. v. Department of Human Resources 

Terry C. Brown v. Department of Human Resources 

Walter Richardson. Jr. v. Department of Human Resources 

Clifton Huff V. Child Support Enforcement Mecklenburg 

Scott Sanders v. Department of Human Resources 

Mark Stephens v. Department of Human Resources 

Clarence M. Hunter v. Onslow County DSS-CSE 

Teresa Devalle v. Department of Human Resources 

Larry Michael Rollins. Jr. v Department of Human Resources 

Richard J. Harrell Jr. v Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Richard A. Patton Jr. v. Department of Human Resources 

Kenneth Ray Lowery v. Department of Human Resources 

Jeffrey Len Ezzell v Department of Human Resources 

Jeffrey Len Ezzell v. Deparunenl of Human Resources 

Tessa Jones v. Department of Human Resources 

Tessa Jones v Department of Human Resources 

Ronald Graham Moore v. Department of Human Resources 

Thomas R Rotundo v. Mecklenburg County Child Support Enforcement 

John G Howard. Jr v Department of Human Resources 

Gregory B. Phy v. Department of Human Resources 

Raymond E Smith v Department of Human Resources 

Robert A. Green v Department of Human Resources 

Michael Roddy v. Department of Human Resources 

Kevin J. Miller v. Department of Human Resources 

Timothy Schnell v. Department of Human Resources 

Walter Love v. Department of Human Resources 

Roger W. Taylor v. Department of Human Resources 

William D. Wall v. Child Support Enforcement 

Barbara Renea Caldwell v. Cumberland Cty Child Support Enforcement 

Lee G. Sanders Jr. v. Department of Human Resources 

Brian Kevin King v. Department of Human Resources 

Laura D. Prince v. Department of Human Resources 

George D. Brickell v. Department of Human Resources 

Kelvine Lance Thompson v Department of Human Resources 

Marcus Watkins v Stanly County Department of Social Services 

Garry G. Hickman v. Department of Human Resources 

David Lynn Jones v . Department of Human Resources 

Kenneth Joe Diamond v. Cumberland County Child Support Enforcement 

Keith W Phillips v. Cleveland Cty Department of Social Services 

Judy R. Johnson v. Department of Human Resources 

Herman Grier Jr, v. Department of Human Resources 

David L. Smith v. Department of Human Resources 

Levern Blue v. Department of Human Resources 

Michael E. Kimbril v. Child Support Agency Buncombe County 

Spencer L. Allen v. Department of Human Resources 

James Robert Liles v. Department of Human Resources 

Clyde E. Williams v. Department of Human Resources 

Tommy Allen Springs v. Forsyth Cty Dept. of Social Services 

David Ray Rowdy v. Dept. of Human Resources 

John E- Gombocs v. Dept. of Human Resources 

Charles John Widelski v Department of Human Resources 

John B. Wiggins v. Department of Human Resources 

Wayne L. Weeks v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 CSE 2020 


Reilly 


02/25/97 




96CSE2021 


West 


02/17/97 




96 CSE 2023 


Smith 


05/14/97 




96 CSE 2042 


Smith 


05/14/97 




96 CSE 2067 


Phipps 


02/17/97 




96 CSE 2068 


Mann 


03/05/97 




96 CSE 2108 


Reilly 


05/01/97 




97 CSE 0011 


Gray 


05/14/97 




97 CSE 0047 


Smith 


03/13/97 




97 CSE 0147*=' 


West 


05/08/97 




97 CSE 0273 


Gray 


05/16/97 




97 CSE 0287 


West 


05/08/97 




96CRA 1185 


Becton 


02/28/97 




96CRA 1188 


Mann 


04/25/97 




96CRA 1225 


Becton 


12/18/96 




96CRA 1244 


Reilly 


12/10/96 




96CRA 1248 


Smith 


03/13/97 




96CRA 1275*^ 


Smith 


05/14/97 




96CRA1288 


Chess 


03/06/97 




96CRA 1289 


Phipps 


12/12/96 




96 CRA 1297*=' 


Smith 


05/14/97 




96CRA 1302 


Morrison 


12/10/96 




96 CRA 1318 


Mann 


01/22/97 




96 CRA 1320 


Morrison 


12/12/96 




96 CRA 1321 


Reilly 


12/13/96 




96 CRA 1322 


West 


03/21/97 




96 CRA 1329 


Gray 


01/13/97 




96 CRA 1341 


Reilly 


01/10/97 




96 CRA 1345 


Smith 


05/14/97 




96 CRA 1350*" 


West 


02/10/97 




96 CRA 1354*" 


Reilly 


02/06/97 




96 CRA 1355 


Becton 


01/15/97 




96 CRA 1368*'" 


Phipps 


02/06/97 




96 CRA 1369 


Phipps 


12/12/96 




96 CRA 1372 


Mann 


12/10/96 




96 CRA 1373*" 


Mann 


02/10/97 




96 CRA 1374 


Gray 


01/14/97 




96 CRA 1385*=-' 


Becton 


04/02/97 




96 CRA 1386 


Reilly 


12/13/96 




96 CRA 1399 


West 


11/14/96 




96 CRA 1404 


West 


01/10/97 




96 CRA 1436*'= 


Gray 


12/12/96 




96 CRA 1442*=° 


Smith 


02/17/97 




96 CRA 1443 


Becton 


01/13/97 




96 CRA 1447 


Morrison 


01/30/97 




96 CRA 1465*=' 


Gray 


02/18/97 




96 CRA 1478 


Mann 


01/10/97 




96 CRA 1481*== 


Morrison 


02/18/97 




96 CRA 1510 


Reilly 


01/14/97 




96 CRA 1515 


Reilly 


01/13/97 




96 CRA 1516 


West 


01/13/97 




96 CRA 1517 


Smith 


01/13/97 




96 CRA 1526 


Morrison 


12/10/96 




96 CRA 1537 


Becton 


12/18/96 




96 CRA 1554 


West 


01/13/97 




96 CRA 1563*" 


West 


02/10/97 




96 CRA 1565 


West 


01/13/97 




96 CRA 1624*=^ 


Gray 


03/03/97 




96 CRA 1627 


West 


01/14/97 




96 CRA 1631 


Phipps 


01/14/97 




96 CRA 1637*=" 


Smith 


05/14/97 




96 CRA 1638 


Becton 


05/01/97 




96 CRA 1650 


West 


01/14/97 




96 CRA 1666 


Smith 


01/14/97 




96 CRA 1676 


Smith 


01/14/97 




96 CRA 1678 


Chess 


02/18/97 




96 CRA 1689 


Becton 


03/21/97 




96 CRA 1733 


Becton 


02/06/97 




96 CRA 1751 


Gray 


02/07/97 




96 CRA 1755 


Smith 


02/10/97 




96 CRA 1765 


Reilly 


02/06/97 




96 CRA 1772 


Morrison 


03/21/97 




96 CRA 1776 


Becton 


02/06/97 





11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2276 



CONTESTED CASE DECISIONS 



AGENCY 



Amanda F Blount v Cumberland Cty Child Suppori Enforcement 

Oscar C Adams v. Depariment of Human Resources 

Norman Eugene Cameron v Support Enforcement Fayetteville 

David ! Hildebrand v. Department of Human Resources 

Debra J. Davis v. Columbus County Dept. Social Service 

Tracy Robertson v Department of Human Resources 

Debra Wade v Department of Human Resources 

Casey C. Townsend v. Department of Human Resources 

Samuel L Powell v Department of Human Resources 

Jimmy Wright v. Department of Human Resources 

Scott James Petnll v. Department of Human Resources 

Samual L Gordon v Department of Human Resources 

C Lee Bartlett v Depariment of Human Resources 

Terence L- McMurray v. Department of Human Resources 

Paul Mobley Jr. v. Department of Human Resources 

Joseph Lupo v Department of Human Resources 

Anthony Houston v Department of Human Resources 

William R. Briggs v. Department of Human Resources 

William W Pegram v. Department of Human Resources 

Daniel J. McDowell v Department of Human Resources 

Johnie J Peterkin v. Department of Human Resources 

James M. Kestner v Department of Human Resources 

Daniel E Featherston. in v Department of Social Services 

Tommy Allen Springs v Forsyth County Department of Social Services 

Tony Bernel Dunlap v Department of Human Resources 

Melinda S. Tunner v. Department of Human Resources 

Jeanne G Bishop v. Department of Human Resources 

Rebecca Beaver v Department of Human Resources 

Vivian B White v Department of Human Resources 

Mary R. Mahon v. Department of Human Resources 

Mary R Mahon v. Department of Human Resources 

Laura Heidorf v Department of Human Resources 

Lois Floyd Barber v Department of Human Resources 

La Rue Herring v Department of Human Resources 

Debra D Hammonds v Department of Human Resources 

Kim Chappel v. Department of Human Resources 

Carolyn Cole v. Department of Human Resources 

Vickie Osoria v. Department of Human Resources 

Trine P Bollinger v Depariment of Human Resources 

Christie L Pittman v Department of Human Resources 

Lorna Sharpe-Ester v. Department of Human Resources 

Faye Leak v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96CRA 1790 


West 


02/10/97 




96CRA1799 


Gray 


03/03/97 




96 CRA 1807 


Smith 


02/06/97 




96CRA 1819 


Morrison 


02/06/97 




96 CRA 1842 


Mann 


02/10/97 




96 CRA 1851 


West 


03/21/97 




96 CRA 1852 


Smith 


02/06/97 




96 CRA 1856 


Mann 


02/10/96 




96 CRA 1893 


West 


02/17/96 




96 CRA 1903 


Reilly 


04/29/97 




96 CRA 1913 


Morrison 


03/18/97 




96 CRA 1919 


Gray 


02/18/96 




96 CRA 1938 


Morrison 


02/18/96 




96 CRA 1946 


Morrison 


02/18/96 




96 CRA 1980 


Phipps 


03/24/97 




96 CRA 1991 


Phipps 


03/06/97 




96 CRA 1996 


Morrison 


03/20/97 




96 CRA 2022 


West 


03/05/97 




96 CRA 2026*-" 


West 


05/08/97 




96 CRA 2106 


Mann 


03/24/97 




96 CRA 2107 


Morrison 


03/20/97 




96 CRA 2109 


West 


05/08/97 




97 CRA 0012 


Gray 


05/08/97 




97 CRA 0138 


Morrison 


05/15/97 




97 CRA 0146*^ 


West 


05/08/97 




95 DCS 0921 


Morrison 


05/09/96 




95 DCS 0958 


West 


04/04/96 




95 DCS 1114 


Reilly 


04/26/96 




95 DCS 1115 


Phipps 


06/04/96 




95 DCS 1137*' 


Chess 


06/11/96 




95 DCS 1142*' 


Chess 


06/11/96 




96 DCS 0065 


Reilly 


03/22/96 




96 DCS 0176 


Gray 


07/30/96 




96 DCS 0298 


Gray 


11/06/96 




96 DCS 0792 


Chess 


10/08/96 




96 DCS 1070 


West 


04/28/97 




96 DCS 1127 


Chess 


04/08/97 




96 DCS 1140 


Gray 


12/12/96 




96 DCS 1353 


Smith 


12/12/96 




96 DCS 1561 


Mann 


01/27/97 




96 DCS 1687 


West 


02/10/97 




97 DCS 0032 


West 


04/28/97 





i 



INSURANCE 



Carol M Hall v Teachers & Slate Employees Comp. Major Medical Plan 

Arthur Wayne Dempsey v. Department of Insurance 

Deborah B. Beavers v. Teachers & St, Emp, Comp, Major Med, Plan 

Nadia A Hakim v. Department of Insurance 

Kathleen D Jarvis v. Teachers & St Emp Comp. Major Med. Plan 

Mary Alice Casey v. Department of Insurance 

Nancy C. Lowe v Teachers & Slate Employees Comp Major Med Plan 



95 INS 1141 


Phipps 


95 INS 1255 


Smith 


95 INS 1411 


Smith 


95 INS 1422 


Smith 


96 INS 0075 


Morrison 


96 INS 0148 


Reilly 


96 INS 0726 


West 



04/01/96 
04/22/96 
05/10/96 
03/26/96 
10/16/96 
08/14/96 
11/20/96 



11:05 NCR 308 



JUSTICE 



Wendy Aiwood v, Depariment of Justice (Company Police Program) 

Deborah K, Torrance v Company Police Program Administrator 

John O, Beach v. Alarm Systems Licensing Board 

Ronald R, Coals v. Alarm Systems Licensing Board 

Carroll Yvonne Boney v Department of Justice, Company Police Program 



96DOJ0111 


Chess 


08/07/96 


96 DOJ 0363 


Becton 


08/14/96 


96 DOJ 1362 


West 


11/19/96 


96 DOJ 1364 


Phipps 


11/26/96 


97 DOJ 0130 


Smith 


05/05/97 



Education and Training Standards Division 



Freddie Levern Thompson v. Criml, Justice Ed, & Training Slds, Comm. 
Shane Douglas Crawford v. Sheriffs' Ed, & Training Stds Comm 
Charles Henry Daniels v Criml, Justice Ed, & Training Slds, Comm, 
Valerie Maxine Brewington v, Criml. Justice Ed. & Training Stds, Comm. 
Patricia Josephine Bonanno v. Sheriffs' Ed, & Training Stds, Comm, 
Douglas Allan Stuart v. Sheriffs' Ed, & Training Stds. Comm, 
Rick M Evoy v. Criminal Justice Ed. & Training Stds. Comm. 
Windell Daniels v. Criminal Justice Ed &. Training Stds. Comm. 
Gregory Lee Daughiridge v Sheriffs' Ed & Training Slds. Comm. 
Sherrie Ann Gainey v. Sheriffs' Ed & Training Slds. Comm. 
Stuart Hugh Rogers v Sheriffs' Ed & Training Stds Comm 



95 DOJ 0731 


Chess 


02/29/96 


95 DOJ 0943 


Reilly 


05/17/96 


95 DOJ 1070 


West 


06/12/96 


95 DOJ 1129 


Smith 


04/12/96 


95 DOJ 1152 


Chess 


03/25/96 


95 DOJ 1189 


Morrison 


06/06/96 


95 DOJ 1235 


Chess 


03/25/96 


95 DOJ 1320 


Gray 


07/24/96 


96 DOJ 0027 


Reilly 


03/19/96 


96 DOJ 0028 


Beclon 


08/09/96 


95 DOJ 0029 


West 


06/18/96 



( 



2277 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



CONTESTED CASE DECISIONS 



AGENCY 



Brian Thomas Craven v Sheriffs' Ed & Training Stds. Comm. 
Larry D. Weston v. Sheriffs' Ed- & Training Stds Comm, 
Carlton Gerald v. Criminal Justice Ed. & Traming Stds. Comm. 
Ken Moniie Oxendine v. Criminal Justice Ed. & Training Stds. Comm. 
James Leon Hunt v. Criminal Justice Ed & Trammg Stds. Comm. 
David Kent Knight v. Sheriffs' Ed & Training Stds. Comm. 
Demetrius Arnez Brown v. Crimmal Justice Ed. &. Training Stds. Comm. 
Claude F Nunnery v. Sheriffs' Ed. & Training Stds. Comm. 
John Charles Maloney v. Sheriffs' Ed & Training Stds Comm. 
Jimmie L. Cooper v. Sheriffs' Ed. & Training Stds. Comm. 
Jerry Glenn Monette v. Sheriffs' Ed. & Training Stds. Comm. 
Carlton Gerald v. Criminal Justice Ed. & Training Stds. Comm. 
Woodrow Andrew Clark v. Criminal Justice Ed. & Training Stds. Comm. 
Warren Scott Nail v. Criminal Justice Ed. & Training Stds. Comm. 
Zoriana Lyczkowski v. Sheriffs' Ed. & Training Stds. Comm. 
Philip A. Berezik. Jr. v. Criminal Justice Ed. & Training Stds. Comm. 
George Willie Gilliam v. Sheriffs' Ed. & Training Stds. Comm. 
George Willie Gilliam v. Sheriffs' Ed. c& Training Stds. Comm. 
Glenn R. Brammer v. Sheriffs' Ed. & Training Standards Comm. 
Timothy Wayne Fulford v. Sheriffs' Ed & Training Stds. Comm. 
Brent Lee Millsaps v. Sheriffs' Ed. & Training Stds. Comm. 
Debra McHale Sadler v. Sheriffs' Ed & Training Stds Comm. 
James Michael Doe v. Criminal Justice Ed & Training Stds. Comm. 
Derrick Rogers Smith v. Criml. Justice Ed. & Training Stds. Comm. 
Charles M. Perry v. Criminal Justice Ed & Training Stds. Comm. 
Gregory K. Knox v. Sheriffs' Ed. & Training Stds Comm. 
Tyrone Sutton v Criminal Justice Ed. & Training Stds Comm. 
Bobby V. Hancock v. Sheriffs' Ed. & Training Stds. Comm. 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


96 DOJ 0036 


Gray 


07/09/96 




96 DOJ 0037 


Smith 


06/12/96 




96 DOJ 0068 


Gray 


03/26/96 




96 DOJ 0071 


West 


03/28/96 




96 DOJ 0077 


Phipps 


07/25/96 




96 DOJ 0115 


West 


03/28/96 




96 DOJ 0138 


Becton 


08/09/96 




96 DOJ 0305 


Gray 


08/28/96 




96 DOJ 0306 


Smith 


08/16/96 




96 DOJ 0352 


Morrison 


07/12/96 




96 DOJ 0420 


Morrison 


07/26/96 


11:10 NCR 874 


96 DOJ 0432 


Becton 


08/07/96 




96 DOJ 0515 


West 


10/07/96 




96 DOJ 0576 


Becton 


08/07/96 




96 DOJ 0619 


Morrison 


10/21/96 




96 DOJ 0652 


Reilly 


11/13/96 




96 DOJ 0656 


Morrison 


08/02/96 




96 DOJ 0656 


Phipps 


01/28/97 




96 DOJ 0839 


Smith 


09/05/96 




96 DOJ 0840 


Smith 


09/16/96 




96 DOJ 0841 


Chess 


09/24/96 




96 DOJ 0891 


Smith 


03/13/97 




96 DOJ 0957 


Phipps 


12/06/96 




96 DOJ 0997 


Phipps 


05/15/97 




96 DOJ 1016 


Smith 


01/22/97 




96 DOJ 1836 


Reilly 


02/03/97 




96 DOJ 1837 


Becton 


02/17/97 




96 DOJ 1885 


Becton 


02/17/97 





Private Protective Services Board 



Timothy A. Hawkins v. Private Protective Services Board 
William F. Combs v. Private Protective Services Board 
Randy C. Hoyle v. Private Protective Services Board 
John Darrell Shaver v. Private Protective Services Board 
Daniel Ray Williams v. Private Protective Services Board 
Robert A. Gibson v. Private Protective Services Board 
Jimmy D. Matthews v. Private Protective Services Board 
Johnnie Lee King v. Private Protective Services Board 
Charlie C. Bracket! v. Private Protective Services Board 
Thomas R. Harris v Private Protective Services Board 
Private Protective Services Board v. Henry E. Byrd. Jr. 
Larry Boggs v. Private Protective Services Board 
Private Protective Services Board v. Charles T. Mathis 
Private Protective Services Board v. Ricky C. Mullinax 
Private Protective Services Board v. Michael A Smith 
Keith L. Saunders v. Private Protective Services Board 



95 DOJ 1419 


West 


04/12/96 


96 DOJ 0022 


West 


03/22/96 


96 DOJ 0024 


Smith 


06/10/96 


96 DOJ 0127 


Reilly 


02/26/97 


96 DOJ 0128 


Reilly 


02/26/97 


96 DOJ 0386 


Smith 


07/03/96 


96 DOJ 0676 


Reilly 


07/11/96 


96 DOJ 0677 


Reilly 


07/11/96 


96 DOJ 0712 


Becton 


02/03/97 


96 DOJ 0761 


Reilly 


07/11/96 


96 DOJ 0796 


Mann 


08/19/96 


96 DOJ 0797 


Morrison 


10/10/96 


96 DOJ 0798 


Mann 


08/27/96 


96 DOJ 0800 


Becton 


10/04/96 


96 DOJ 0801 


Becton 


10/09/96 


96 DOJ 1363 


Smith 


01/15/97 



DEPARTMENT OF LABOR 



John W. Charping v. Deparmient of Labor 

Luke Caudle. Midtown Sundries In. v. Department of Labor 



97DOL0161 
97 DOL 0295 



Becton 
Phipps 



05/06/97 
04/21/97 



MEDICAL BOARD 



Medical Board v. Martin A. Hatcher. M.D. 
PUBLIC INSTRUCTION 



92 BME0510 



Gray 



06/28/96 



11 .08 NCR 555 



Lavern K. Suggs v NC Board of Education 

V A. A. and R L A, v. Johnston County School System 

J.T.S. & T.S.. Parents of EMS, v. Chapel Hill-Carrboro City Schl. Sys 

L.O. V. Charlotte-Mecklenburg Board of Education 

Candyce Ewanda Newsome v. Hertford County Board of Education 

W. and G B., on Behalf of C.B v Winston-Salem/Forsyth Cty. Schools 

Zelma J. Hillsman v. NC State Board of Education 

Cyvonne Rush Bryant v NC State Board of Education 

Steve Wright Brown v State Board of Education 

Blaise Malveau v Cumberland County Board of Education 

Blaise Malveau v. Cumberland County Board of Education 

John Barlow v. Watauga County Board of Education 

Louis Craig Gill v. State Board of Education 

John L. Archer v. Department of Public Instruction 



95 EDC 0383 


Smith 


03/13/96 


11:01 NCR 50 


95 EDC 1024 


Mann 


02/11/97 


11:24 NCR 1860 


Sys. 95 EDC 1194 


Mann 


04/12/96 




96 EDC 0285 


Mann 


05/31/96 




96 EDC 0344 


Chess 


05/15/96 




ools 96 EDC 0349 


Mann 


09/03/96 




96 EDC 0399 


Phipps 


01/27/97 


11:23 NCR 1808 


96 EDC 0591 


Becton 


09/11/96 




96 EDC 0593 


Reilly 


10/11/96 




96 EDC 0613 


Chess 


08/14/96 




96 EDC 0614 


Chess 


08/14/96 




96 EDC 0623 


Reilly 


07/24/96 




96 EDC 0675 


Smith 


12/18/96 


11:20 NCR 1624 


96 EDC 0678 


Smith 


08/02/96 





11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2278 



CONTESTED CASE DECISIONS 



AGENCY 



Pamela F Cummings v Departmenl of Public Instruction 

Susie Whitley/Brandon Whitley v Charlotte-Mecklenburg Bd of Ed 

Larry Coins v Department of Public Instruction 

Michael Wayne Geter v Charlotte-Mecklenburg School Board 

Ted Louis Raye v State Board of Education 

Felicia M Moore v Charlotte-Mecklenburg Schools & Dept. of Public Ins- 

Michael B. Trombley v. Department of Public Instruction 

Alice Faye Holder and Child. Tanikca v. Wake County Board of Education 

REVENUE 



Long Branch Env Ed Ctr , Inc v Buncombe Cty Comm., Buncombe Cty 97 REV 0135 
Bd. of Equalization and Review and the Buncombe Cty Tax Assessor 

STATE PERSONNEL 

Department of Administration 

Jimmie A. Hughes, Jr. v. Departmenl of Administration 96 OSP 0008 

Jonathan L. Fann v Department of Administration, Admin. Personnel 96 OSP 0042 

Carlton Gerald v State Capitol Police, Department of Administration 96 OSP 01 16 

Administrative Office of the Court 

Ethel R. Tyson v. NC Judicial Dept.. Administrative Office of the Court 96 OSP 0080 
Department of Agriculture 

Richard E. Taylor v. Department of Agriculture 97 OSP 0257 

Albemarle Mental Health Center 



CASE 




DATE OF 


PUBLISHED DECISION 


NimffiER 


ALJ 


DECISION 


REGISTER CITATION 


96 EDC 0742 


Smith 


08/16/96 




96 EDC 0964 


Chess 


09/17/96 




96 EDC 0994 


Reilly 


04/10/97 




96 EDC 1036 


West 


09/23/96 




96 EDC 1055 


Morrison 


01/10/97 




96 EDC 1303 


Smith 


11/25/96 




96 EDC 1970 


Gray 


02/20/97 




97 EDC 0139 


Smith 


04/18/97 





Judy A Gordon v Albemarle Mental Health Center 

Caldwell County 

Blake C. Pace v. Caldwell County 

Catawba County Mental Health 

Tonyer J Ruff v Catawba County Mental Health 

Central North Carolina School for the Deaf 

Felicia S Milton v. Central North Carolina School for the Deaf 

Department of Correction 

Haydee Craver v Departmenl of Correction. Pender Correctional Inst. 

Nancy L. Marek v. Department of Correction. Division of Prisons 

Gregory Allen Jones v Department of Correction. Supt Bonnie Boyette 

Carolyn Cheek v Departmenl of Correction 

Calvia L. Hill v. Department of Correction, McCain Correctional Hospital 

Alisha Louise Staley v. Randolph Correctional Center 

Brenda Propsi v Foothills Correctional Institution 

Delon D. Solomon v. Department of Correction 

Alisha Louise Staley v. Randolph Correctional Center 

Ann Williams v. Department of Correction 

Haydee C Craver v Department of Correction, Christopher Phillips 

Dwight Taylor. Mike Esiep, Jackie Boone, Robert Pitman. Jeffery Clark 

V Department of Correction 

Dwight Taylor. Mike Esiep, Jackie Boone. Robert Pitman, Jeffery Clark 

V. Department of Correction 
Dwight Taylor. Mike Estep. Jackie Boone, Robert Pitman, Jeffery Clark 

V. Departmenl of Correction 
Dwight Taylor, Mike Estep. Jackie Boone, Robert Pitman. Jeffery Clark 

V. Department of Correction 
Dwight Taylor. Mike Estep. Jackie Boone. Robert Pitman. Jeffery Clark 

V Department of Correction 

Rebecca A. Faison v. Department of Correction for Women 

Calvia L. Hill v Departmenl of Correction. McCain Correctional Hospital 

Pamela Robinson v. Department of Correction 

James A. Klein v, Departmenl of Correction 

James E Holmes v. Secretary Franklin Freeman (DOC). Parole Comm. 



96 OSP 0354 



96 OSP 0047 



96 OSP 0951 



95 OSP 1241 



Chess 



Smith 



Phipps 



Chess 



Morrison 



Becton 



Chess 



03/17/97 



Reilly 


07/23/96 


Gray 


05/24/96 


Gray 


04/25/96 



03/15/96 



05/07/97 



10/17/96 



04/01/96 



10/22/96 



05/17/96 



95 OSP 1046 


Gray 


03/12/96 


95 OSP 1075 


Chess 


02/17/97 


95 OSP 1290 


Phipps 


05/14/96 


95 OSP 1441 


Smith 


09/19/96 


95 OSP 1460 


Gray 


05/17/96 


96 OSP 0092 


Gray 


06/03/96 


96 OSP 0199 


Morrison 


04/09/96 


96 OSP 0258 


West 


07/02/96 


96 OSP 0261 


Morrison 


08/05/96 


96 OSP 0279 


Phipps 


10/31/96 


96 OSP 0348 


Phipps 


05/15/96 


96 OSP 0372»" 


Smith 


07/05/96 


96 OSP 0373*' 


Smith 


07/05/96 


96 OSP 0374*' 


Smith 


07/05/96 


96 OSP 0375*' 


Smith 


07/05/96 


96 OSP 0376*' 


Smith 


07/05/96 


96 OSP 0383 


Becton 


10/01/96 


96 OSP 0397 


Gray 


08/15/96 


96 OSP 0403 


Phipps 


12/18/96 


96 OSP 0434 


Gray 


10/29/96 


96 OSP 0538 


Becton 


02/07/97 



i 



( 



2279 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



CONTESTED CASE DECISIONS 



AGENCY 



Greggory Thomas. Sr. v. Department of Correction 

Tony R- Broffrnan v. Department of Correction 

James C. Calvert v. Department of Correction 

Mary Hargraves v. Department of Correction 

Michael S. Doe v. Caswell Center 

Timothy L. Willis v. Caswell Correctional Center 

Alisha Louise Staley v. Randolph Correctional Center 

Thomas N. Powell v. Department of Correction ENTERPRISE 

Sharon Oxendine v. Department of Correction 

Sophia Denise Cole v. Department of Correction 

James D. Dowdy v Department of Correction 

Larry W. Cole, Sr. v- Brown Creek Correctional Inst. 

Martin Tyler Wells, Sr. v. Dept of Correction Sandhill Youth Center 

Timothy J. Ciscel & Anita K Ciscel v. DOP/Piedmont Corr. Inst. 

Charles H. Perry v. Department of Correction 

Barbara Graham v Deparunent of Correction 

Calvia L. Hill v. Dept. of Correction, Lumberton Correctional Inst. 

Samuel Davenport v. Department of Correction 

Mohammad R. Pirouzkhah v. Department of Correction 

Robert L. Wilkes, Jr. v. Department of Correction 

Mohammad R. Pirouzkhah v. Department of Correction 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


96 OSP 0578 


Chess 


04/10/97 




96 OSP 0625 


Becton 


08/29/96 




96 OSP 0635 


Reilly 


05/07/97 




96 OSP 0674 


Smith 


09/05/96 




96 OSP 0691 


Phipps 


09/23/96 




96 OSP 0715 


West 


07/30/96 




96 OSP 0780 


Smith 


10/16/96 




96 OSP 0950 


Chess 


04/15/97 




96 OSP 0999 


Becton 


10/22/96 




96 OSP 1072 


Reilly 


04/29/97 




96 OSP 1081 


Smith 


02/21/97 




96 OSP 1136 


Phipps 


02/10/97 




96 OSP 1142 


Chess 


01/28/97 




96 OSP 1149 


Chess 


01/24/97 




96 OSP 1542 


Reilly 


01/02/97 




96 OSP 1700 


Becton 


03/07/97 


11:25 NCR 1964 


96 OSP 1705 


Smith 


03/27/97 




96 OSP 1973 


Chess 


04/04/97 




97 OSP 0038 


Phipps 


03/24/97 




97 OSP 0159 


Smith 


05/15/97 




97 OSP 0239 


Gray 


04/11/97 





Craven County Health Department 

Linda Walker v. Craven County Health Department 
Patricia Kemp v. Craven County Health Department 
Patricia Kemp v. Craven County Health Department 



95 OSP 1171*" SmitJi 

95 OSP 1233»" Smith 

96 OSP 0324*'* Smith 



01/24/97 
01/24/97 
01/24/97 



Department of Crime Control and Public Safety 



Jerry Lee Fields v. State Highway Patrol 

Gene Wells v. Crime Control & Public Safety, State Highway Patrol 

Hearl Oxendine v. Crime Control & Public Safety, St. Highway Patrol 

Jerry Lee Fields v. State Highway Patrol 

Gene Wells v Crime Control & Public Safety. State Highway Patrol 

Lloyd Edward Lowry v. Deparunent of Crime Control & Public Safety 

Peter Mason Griffin v. Crime Control & Public Safety, St. Hwy Patrol 

Mary S. Holmes v. Victim & Justice Services Division, DCCPS 



94 OSP 1174*'° 


Gray 


08/05/96 




95 OSP 0249*' 


Smith 


07/23/96 




95 OSP 0697 


Smith 


10/16/96 




95 OSP 0836*'° 


Gray 


08/05/96 




95 OSP 1050*' 


Smith 


07/23/96 




96 OSP 0341 


Reilly 


02/28/97 


1 1:24 NCR 1886 


96 OSP 1309 


Gray 


12/12/96 




96 OSP 2000 


Morrison 


04/16/97 





Durham County Health Department 



Lylla D. Stockton v. Durham County Health Department 



95 OSP 01 76 



West 



07/02/96 



Employment Security Commission 



Kenneth W. White v. Employment Security Commission 

Craig S. Eury v. Employment Security Commission 

Gene S. Baker v. Gov James B Hunt, Jr.. Ann Q. Duncan. Chairman. 

Employment Security Commission 
William Herbert Allen v. Employment Security Commission 
Patricia Gary v. Employment Security Commission 
Tonderlier Lynch v. Emp. Security Comm.. Austin Quality Foods. Inc. 
Jessie James Thomas. Jr. v. Employment Security Commission 



90 OSP 0390*" 


Becton 


04/30/97 


11:29 NCR 2285 


90 OSP 0391*" 


Becton 


04/30/97 


11:29 NCR 2285 


93 OSP 0707 


Becton 


05/16/96 


1 1 05 NCR 300 


94 OSP 1688 


West 


06/11/96 




95 OSP 0793 


Chess 


05/14/96 




96 OSP 0275 


Chess 


05/21/96 




96 OSP 1961 


Phipps 


01/27/97 





Department of Environment, Health, and Natural Resources 



Roberta Ann "Robin" Hood v. Environment. Health, & Natural Resources 95 OSP 0035 

Kathy B Vinson v. Dept. of Environment, Health, & Natural Resources 95 OSP 0203 

Diana Tootle v. Department of Environment, Health, & Natural Resources 95 OSP 0569 

Donald E. Batts v. Division of Adult Health, EHNR 95 OSP 1071 



Reilly 


04/09/96 




Gray 


09/18/96 


11:13 NCR 1087 


Reilly 


03/24/97 


1 1 :26 NCR 2042 


Smith 


10/01/96 





Guilford County Area MerUal Health, Developmental Disabilities and Substance Abuse 

Stuart Klatte v. Guilford Cty Area MH/DD/SAS, St. Per Comm, OSP 95 OSP 1 179 Smith 



07/19/96 



11:10 NCR 865 



Department of Human Resources 



Sheila Logan v. Black Mountain Center, Dept. of Human Resources 

Myron A. Smith v. DHR, Division of Child Development 

Ophelia Webb v. Edard R. Inman, Dir. Alamance Cty DSS, Alamance 

Cty DSS, Alamance County, and DHR 
Peggy Pledger v. Department of Human Resources. Dorothea Dix Hosp. 
Peggy Pledger v. Department of Human Resources. Dorothea Dix Hosp. 



95 OSP 0672 


Chess 


01/24/97 


95 OSP 1033 


Morrison 


11/27/96 


96 OSP 01 12 


Gray 


03/13/96 


96 OSP 01 14*" 


Gray 


11/05/96 


96 OSP 0146*" 


Gray 


11/05/96 



11:29 



NORTH CAROLINA REGISTER 



June 2, 1997 



2280 



CONTESTED CASE DECISIONS 



AGENCY 

Peggy Pledger v Department of Human Resources, Dorothea Dix Hosp- 
Gail Marie Rodgers Lincoln v DHR. DMH/DD/SAS-Cherry Hosp,, 

Cherry Hospital 
Cynthia D Hickman v. DHR. Central School for the Deaf 
Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Peggy Pledger v. Department of Human Resources, Dorothea Dix Hosp- 
Mary A- Boogaerts v. Cherry Hospital, Goldsboro, NC 
Kelvin Parter v Dorothea Dix Hospital 

Johnny Earl ^'oung v Unit Head Director of Food & Nutrition 
Johnny Earl Young v Unit Head Director of Food & Nutrition 
Kim A. Bell v Walter B Jones Alcohol & Drug Abuse Treatment Center 
William C Neal v. Department of Human Resources 
Allen J, Wright, Jr. v. Blue Ridge Area Authority 
Lynn S Hales v John Umsiead Hospital 
Deborah Ayala v DHRDSS/Child Support Enforcement 
Barbara A. Denkins v. Department of Human Resources 
Jacqueline C- Branch v Division of Facility Services 

Buncombe Counry Depanment of Social Senices 

Kalhy Davis v. Buncombe County Department of Social Services 

Caswell Cemer 



CASE 




DATE OF 


PUBLISHED DECISION 


NLTVIBER 


ALJ 


DECISION 


REGISTER CITATION 


96OSP0147*" 


Gray 


11/05/96 




96OSP0159 


Chess 


06/17/96 




96OSP0I9I 


Becton 


09/23/96 




96OSP0217 


Reilly 


08/13/96 




96OSP0241*" 


Gray 


11/05/96 




96 OSP 0269 


Becton 


05/29/96 




96 OSP 0294 


Chess 


08/07/96 




96 OSP 0543 


Reilly 


07/09/96 




96 OSP 0590 


Reilly 


07/09/96 




96 OSP 0597 


Becton 


09/11/96 




96 OSP 0605 


Morrison 


04/17/97 


11:27 NCR 2099 


96 OSP 0665 


Reilly 


12/20/96 




96 OSP 0729 


West 


10/02/96 




96 OSP 1062 


Smith 


10/29/96 




96 OSP 1080 


Reilly 


05/05/97 




96 OSP 1089 


Smith 


12/09/96 





95 OSP 1487 



West 



08/09/96 



{ 



Ramona C- Jenkins v Department of Human Resources, Caswell Center 
Ramona C. Jenkins v. Department of Human Resources, Caswell Center 
Franklin D- Sutton v. Department of Human Resources, Caswell Center 
Thomas E Cooper v, Caswell Center 

Cumberland County Depanment of Social Sen ices 

Deborah McKoy v Cumberland County Department of Social Services 
Ruth Former v, Cumberland County Department of Social Services 



89 OSP 0411 


Becton 


03/26/96 


91 OSP 0522 


Becton 


03/26/96 


94 OSP 0766 


Smith 


03/21/96 


96 OSP 2116 


Phipps 


05/12/97 



11:02 NCR 89 



95 OSP 1059 

96 OSP 0829 



Durham County Depanment of Social Senices 
Jan E- Smith v Durham County Department of Social Services 95 OSP 1121 

Halifax County Depanment of Social Semces 
Clairbel Thomas v Halifax County DSS & Director. Halifax County DSS 95 OSP 0905 

Harnett County Depanment of Social Ser\ices 
Debra McLean-Galbreaih v Harnett County Department of Social Services 96 OSP 1064 

Haywood County Depanment of Social Ser\ices 
Carol Hubbard v Haywood County Department of Social Services 95 OSP 1084 

Lenoir County Depanment of Social Senices 



Sharron S Moten v, Lenoir County DSS, Jack B, Jones 
Felicia Ann Baker v. Lenoir County DSS, Jack B, Jones 

Division of Medical Assistance 

Harold Wiggins v. Division of Medical Assistance 

O'Bern Center 



96 OSP 1100 
96 OSP 1101 



95 OSP 1482 



Chess 
Becton 



Morrison 



West 



Gray 



Reilly 



Gray 
Gray 



West 



02/17/97 
12/02/96 



05/24/96 



05/29/96 



05/08/97 



08/30/96 



12/06/96 
12/12/96 



06/11/96 



( 



11:06 NCR 395 



11:13 NCR 1092 



Samuel Geddie v. O'Berry Center 

Gale Worrells v Department of Human Resources, O'Berry Center 

Onslow County Depanment of Social Senices 

Andrew Kent Wigmore v. Onslow County Department of Social Services 
Sandra L. Riley v. Onslow County Department of Social Services 

Rockingham County Depanment of Social Senices 

Lorretta L,awson v. Rockingham County DSS 



96 OSP 0414 
96 OSP 1011 



96 OSP 1014 

97 OSP 0217 



96 OSP 0471 



Morrison 
Grav 



Trawick 
Reilly 



West 



06/13/96 
01/09/97 



04/15/97 
05/08/97 



06/13/96 



11:21 NCR 1699 



11:27 NCR 2108 



( 



2281 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Vance County Department of Social Senices 
Robert Eugene Davis v. Vance County Department of Social Services 

Wake County Department of Social Services 
Phylis Gilbert v Wake County Department of Social Services 

Wilson County Department of Social Services 

Karen R Davis v Wilson County Department of Social Services 

Department of Insurance 

Larry W Creech v Department of Insurance 

Department of Justice 

Thomas M. Hughes v State Bureau of Investigation, Dept. of Justice 

Department of Labor 

Kevin P. Kolbe, Sr. v. Department of Labor 
Sydney Cheryl Sutton v. Department of Labor 

\euse Mental Health 

Debra Conner v. Neuse Mental Health 

New Hanover County Board of Health 

Tabandeh Zand v. New Hanover County Board of Health 

Department of Public Instruction 

Johnny Leak v Public Schools of NC. Dept. of Public Instruction 
McLennard Jay v. Person County Schools 



96 DSP 01 57 



95 OSP 1238 



96 OSP 0394 



95 OSP 0631 



95 OSP 0368 



95 OSP 1035 



96 OSP 0861 
96 OSP 0862 



96 OSP 0402 



96 OSP 1144 



Reilly 



Phipps 



Chess 



Reilly 



Becton 



Smith 



Phipps 
Phipps 



Becton 



Smith 



Department of Revenue 

Richard B Meadows v. Department of Revenue. Motor Fuels Tax Division 95 OSP 0901 Chess 

Sandhill Community College 

Earl l^von Womack v Sandhill Community College Bd. of Trustees 96 OSP 0573 Phipps 

Office of the State Controller 

Angela M Terry v. Office of the State Controller 

Tideland Menial Health Center 

Lisa C- Selfridge v. Tideland Mental Health Center 

Department of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 

Dorothy J. Grays v. Div. of Motor Vehicles. Dept- of Transportation 

Bobby R. Mayo v. Department of Transportation 

James H Broyhill v Department of Transportation 

Bobby R. Mayo v Department of Transportation 

Pearlie M Simuel-Johnson v. Department of Transportation 

Lisa Ann Lee v. Department of Transportation 

Melvin Duncan v. Department of Transportation 

Greg Brown v Department of Transportation 

Jesse Wayne Castle v. State Highway Maim.. Guess Rd.. Durham. NC 

Archie Brooks v W F Rosser. Department of Transportation 

Jessie L. Allen et al. v. DMV Enforcement Section 

Dwight Odell Graves v. DOT Maintenance, Caswell County 



10/28/96 



06/27/96 



11/01/96 



06/06/96 



02/28/97 



03/01/96 



09/05/96 
09/04/96 



04/09/97 



07/25/96 



08/07/96 



02/10/97 



1 1 :07 NCR 434 



11:24 NCR 1877 



95 OSP 0968 


Morrison 


03/14/96 


11:01 NCR 


58 


95 OSP 1211 


Phipps 


02/04/97 






97 OSP 0268 


Smith 


04/28/97 







94 OSP 0589-' 


Gray 


03/01/96 




94 OSP 1044 


Reilly 


04/12/96 


11:03 NCR 173 


95 OSP 0561*'^ 


Reilly 


01/08/97 




95 OSP 0673 


Gray 


12/02/96 




95 OSP 0798*" 


Reilly 


01/08/97 




95 OSP 0837*' 


Gray 


03/01/96 




95 OSP 1099 


Reilly 


07/31/96 




95 OSP 1462 


Morrison 


03/08/96 




96 OSP 0048 


Reilly 


05/02/96 




96 OSP 0087 


Gray 


04/15/96 




96 OSP 0239 


Smith 


05/17/96 




96 OSP 0408 


Becton 


08/12/96 




96 OSP 0616 


Morrison 


10/24/96 





Consolidated cases. 



11:29 



NORTH CAROLINA REGISTER 



June 2. 1997 



2282 



CONTESTED CASE DECISIONS 



AGENCY 



R.L. Singleion v. Deparlment of Transportalion 
William Dean Gillenwaler v Deparlment of Transportation 
Shirley Pierce v DOT/T)MV Drivers License 
Stephanie Taylor v Department of Motor Vehicles 
James M. Stokes. Ill v. Department of Transportation 
Larry J. Winstead v. Department of Transportation 

Tri-County Menial Health Complex 

Deborah Hell v Tri-County Mental Health Complex 



CASE 




DATE OF 


PL^BLISHED DECISION 


NVIMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 OSP 0683 


Becton 


08/12/96 




96 OSP 0684 


Gray 


12/13/96 




96 OSP 0731 


West 


03/31/97 




96 OSP 0955 


Becton 


08/29/96 


11:13 NCR 1095 


96 OSP 0983 


Smith 


03/03/97 


11;24NCR 1891 


97 OSP 0060 


Becton 


03/27/97 





95 OSP 1100 



University of Sorth Carolina 

Gregory Lapickl v. East Carolina University 

William C Neal v. Fayetteville State University 

Pamela B Edwards v. University of North Carolina at Chapel Hill 

Keith R. Cameron v University of North Carolina at Chapel Hill 

Bruce W Hunt v. Pembroke State University 

Francina Y Tate v. Chancellor Julius L Chambers. NC Central Univ. 

Renee Lynch v NC Central University 

Jerel H, Bonner v School of Nursing UNC at Chapel Hill 

Janice S. Walton v ASU. Beverly Christian. Joan Critcher. Libby Clawson 

Janice S. Walton v Appalachian St University. Claude Cooper. Bill Ragan 

Janice S Carroll v Appalachian St University. Claude Cooper. Bill Ragan 

Vernell Mitchell v North Carolina Cooperative Extension 

Bela E Karvaly. Ph D. v. ECU Bd of Trustees. Ch. Richard R, Eakin 

BelaE, Karvaly. PhD v. UNCBd. of Gov . Pres. CD. Spangler. Jr. 

Teresa Dail McCaskiU v. East Carolina University 

Car! E Whigham v UNC Hospitals at Chapel Hill 

Gejuan Long v Winston Salem State University 

Theresa Louise Whittington v, Appalachian State University 

Joey M. Carey v. A & T State University 

J. Scott Spears v. Ralph Pederson and UNC-C 

Lawrence Beebe v, UNC Department of Surgery 

Richard Paul Schneck v. ECU Human Res . Sch, of Med . Psych Med. 

Rebecca Williams v, Winston Salem State University 

Nellie Joyce Ferguson v. UNC Physicians & Assoc. Charles Foskey, Dir 

Kristin K. Parkinson v. Western Carolina University 

Mae Helen Lewis v, UNC Greensboro - Physical Plant 

Frederick A, Parmley v. NCSU Public Safety 

Donna M. VanHook v. UNC Hospitals at Chapel Hill 

Tommie Thompson v. UNCG. Physical Plant 

Harvey Lee Clemmons v. North Carolina State University 

Lola T McKnight v. North Carolina Central University 

Andrew W Gholson v. North Carolina State University 



Wake County Board of Health 

Debbie L Whitley v. Env. Health Div Wake Cty Dept of Health 

STATE TREASURER 



96 OSP 1090 



Smith 



Smith 



03/22/96 



09/05/96 



i 



94 OSP 1721 


Reilly 


09/26/96 




95 OSP 0392 


Smith 


04/22/96 




95 OSP 0842 


Chess 


06/28/96 




95 OSP 1060 


Morrison 


06/24/96 




95 OSP 1288 


Becton 


12/02/96 




95 OSP 1432 


Smith 


04/22/96 




95 OSP 1461 


Smith 


10/03/96 


11;15NCR 1255 


96 OSP 0026 


Gray 


03/12/96 


lUOlNCR 61 


96 OSP 0055 


West 


01/15/97 




96 OSP 0062 


West 


03/13/96 




96 OSP 0063 


West 


03/07/96 




96 OSP 0132 


Gray 


05/10/96 




96 OSP 0150 


Chess 


05/08/96 




96 OSP 0151 


Chess 


05/08/96 




96 OSP 0212 


Gray 


01/10/97 




96 OSP 0248 


Chess 


06/11/96 




96 OSP 0253 


Gray 


01/17/97 




96 OSP 0350 


Smith 


10/09/96 




96 OSP 0393 


West 


10/10/96 




96 OSP 0548 


Chess 


08/30/96 




96 OSP 0640 


West 


05/01/97 




96 OSP 0759 


Smith 


12/19/96 




96 OSP 0807 


Smith 


01/23/97 




96 OSP 0977 


Phipps 


10/02/96 




96 OSP 0987 


Becton 


10/22/96 




96 OSP 1000 


Reilly 


10/21/96 




96 OSP 1037 


Smith 


01/14/97 




96 OSP 1103 


Gray 


01/29/97 




96 OSP 1135 


Chess 


01/29/97 




96 OSP 1426 


Reilly 


01/16/97 




96 OSP 1699 


Becton 


02/26/97 




96 OSP 1730 


Reilly 


01/15/97 





( 



Donald B. Durham v. Teachers' & St Employees Retirement Sys. 
Linda H. Belk v. Bd. of Trustees Teachers & St. Emp Retirement Sys 
Barbara Dauterman v. Teachers' & St Employees Retirement Sys 
Joyce Clyburn v, Dept. of State Treasurer Retirement Systems Division 
James Gregg Judson v. Dept- of State Treasurer Retirement Systems Div 



92 DST 1066 


Chess 


07/17/96 


96 DST 0600 


Smith 


03/13/97 


96 DST 0913 


Phipps 


03/07/97 


96 DST 1087 


Smith 


10/18/96 


96 DST 1285 


West 


04/21/97 



11:09 NCR 810 



DEP.\RTMENT OF TR.VN'SPORTATION 

James E. Phillips v. Department of Transportation. Div. of Motor Vehicles 96 DOT 1829 

UNTVERSITV OF NORTH CAROLINA 

Sylvia Jeffries v. University of NC Hospitals at Chapel Hill 
James E, Boudwin v University of NC Hospitals at Chapel Hill 
Ruftjs T Moore Jr. v. UNC Hospital 
Marcia Spruill v. UNC Hospitals - Patient Accounts 
Charles E. Houlk v. UNC Hospitals 

WILDLIFE RESOURCES COMMISSION 

Lawrence L Rouch. UI v. Wildlife Resources Commission 96 WRC 1 189 



Reilly 



12/10/96 



96 UNC 0067 


Gray 


04/16/96 


96 UNC 0343 


Chess 


07/22/96 


96 UNC 0470 


Reilly 


08/12/96 


96 UNC 0500 


Becton 


07/10/96 


96 UNC 0588 


Morrison 


08/09/96 



i 



Gray 



04/24/97 



2283 



NORTH CAROLINA REGISTER 



June 2, 1997 



11:29 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF ORANGE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96 ABC 2082 



N.C. ALCOHOLIC BEVERAGE CONTROL, 
COMMISSION 

Petitioner, 



THE GREAT A & P TEA CO., INC., T/A SUPER, 
FRESH SAV-A-CENTER, 750 AIRPORT ROAD 
CHAPEL HILL, NC 27514, 
Respondent. 



RECOMMENDED DECISION 



This contested case was heard before Sammie Chess, Jr., Administrative Law Judge in the Office of Administrative 
Hearings, on March 25, 1997 in Raleigh, North Carolina. 

APPEARANCES 

John S. Stat on, Esq. 
Melissa C. Owens, Esq. 
ISSUES 



For Petitioner: 
For Respondent: 



1. Whether Respondent's employee sold malt beverages to Alison Oakley, a person less than 21 years of age, 
on the licensed premises on or about March 21, 1996 at 6:32 p.m. 

2. Whether Respondent's employee sold malt beverages to Rahul Raj, a person less than 21 years of age, on 
the licensed premises on or about March 21, 1996 at 8:41 p.m. 

FINDINGS OF FACT 

The undersigned Administrative Law Judge finds the following facts: 

1. G.S. 18B-203 empowers Petitioner ABC Commission to administer the ABC laws and enforce the ABC laws. 

2. The burden of proof is on the Petitioner to prove by a greater weight of the evidence that Respondent 
violated the ABC laws in the alleged manner. 

3. The Great A & P Tea Co., Inc., T/A Super Fresh Sav-A-Center, located at 750 Airport Road, Chapel Hill, 
NC, holds off-premise Malt Beverage, Unfortified Wine and Fortified Wine permits. 

4. The ABC Commission has taken the following action against the establishment for ABC violations within 
the last four years: 

a. Issued an Official Warning for sale to underage person occurring on March 27, 1992. 

b. Imposed a $1200.00 fine for sale to an underage person occurring on September 9, 1992. 

c. Imposed $800.00 fine for sale to an underage person occurring on October 31, 1994. 

5. At the administrative hearing, the parties stipulated to the following facts: 



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2284 



CONTESTED CASE DECISIONS 



a. On March 21, 1996 at 6:32 p.m., the Respondent's employee, Alisha Harris, sold malt beverages 
to Alison Oakley, a person less than 21 years of age, on the licensed premises in violation of G. S. 
18B-302(a)(l). 

b. Alison Oakley was bom on March 30, 1979. On March 21 , 1996, Alison Oakley was 16 years old. 

c. A photo taken of Ms. Oakley on March 21 , 1996 was admitted into evidence as Petitioner's Exhibit 
1. 

6. Rahul Raj was bom on August 23, 1976. On March 21, 1996, Rahul Raj was 19 years old, weighed 
approximately 175 lbs., and was approximately 5'10'/2 in height. 

7. On March 21, 19% at 8:41 p.m.. Respondent's employee, Alisha Harris, sold malt beverages to Rahul Raj 
on the licensed premises in violation of G.S. 18B-302(a)(l). 

8. At the time of sale, Mr. Raj presented an International Student identification to Ms. Harris. This 
identification bore Mr. Raj's photograph and displayed a date of birth of July 23, 1973. 

9. The identification card Mr. Raj presented at the time of sale was not one of the acceptable identifications 
listed in and required by G.S. 18B-302(d)( 1 ). 

10. A store manager trained Respondent's employee, Ms. Harris, regarding the ABC laws, including training 
explaining the four types of acceptable identifications required by G.S. 18B-302. Ms. Harris read and 
signed a form indicating she had received such training by Respondent. 

CONCLUSIONS OF LAW 

Based upon the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following 
Conclusions of Law: 

1. The Office of Administrative Hearings has jurisdiction in this matter. 

2. G.S. 18B-302(a)(l) provides that it shall be unlawful for any person to sell or give malt beverages or 
fortified wine to anyone less than 21 years old. 

3. G.S. 18B- 1003(b) provides that "For purposes of this Chapter, a permittee shall be responsible for the actions 
of all employees of the business for which the permit is issued." 

4. On March 21, 1996 at 6:32 p.m.. Respondent's employee, Alisha Harris, sold malt beverages to Alison 
Oakley, a person less than 21 years of age, on the licensed premises, in violation of G.S. 18B-302(a)(l). 

5. On March 21, 1996, 8:41 p.m.. Respondent's employee, Alisha Harris, sold malt beverages to Rahul Raj, 
a person less than 21 years of age, on the licensed premises, in violation of G.S. 18B-302(a)(l). 

6. G.S. 18B-302(d) states that it shall be a defense to a violation of subsection (a) of this section if the seller: 

(1) Shows that the purchaser produced a driver's license, a special identification card issued under G.S. 
20-37.7, a military identification card, or a passport, showing his age to be at least the required age 
for purchase and bearing a physical description of the person named on the card reasonably 
describing the purchaser; or 

(2) Produces evidence of other facts that reasonably indicated at the time of sale that the purchaser was 
at least the required age. 

7. To establish a defense under G.S. 18B-302{d) that is based solely upon the seller checking a fraudulent 
identification at the time of sale, the seller must show that the purchaser produced one of the four types of 
acceptable identifications required by G.S. 18B-302(d)(l). 



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CONTESTED CASE DECISIONS 



8. G.S. 18B-302(d)(2) does not allow a seller to perfect an otherwise imperfect G.S. 18B-302(d)(l) defense. 

The presentation, at the time of sale, of an identification that is not a type listed in G.S. 18B-302(d)(l), does 
not establish "other facts that reasonably indicated at the time of sale that the purchaser was at least the 
required age" under G.S. 18B-302(d)(2). 

9. The evidence presented at the administrative hearing did not establish a defense pursuant to G. S. 18B- 
302(d)(1) or (2). 

RECOMMENfPED DECISION 

Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned Administrative Law Judge 
recommends the Respondent's ABC permits be suspended for 30 days, with the last 15 days to be avoided upon the 
Respondent's payment of $1000.00. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, NC 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. § 150B-36(a). 

The agency is required by G.S. § 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney on record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the N.C. Alcoholic Beverage Control 
Commission. 

This the 9'^ day of April, 1997. 



Sammie Chess, Jr. 
Administrative Law Judge 



11:29 NORTH CAROLINA REGISTER June 2, 1997 2286 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



CM THE OFFICE OF 
ADMINISTRATIVE HEARINGS 



KENNETH W. WHITE, 
Petitioner, 



V. 



N.C. EMPLOYMENT SECURITY COMMISSION, 
Respondent. 



90 OSP 0390 
COUNTY OF RICHMOND 



CRAIG S. EURY, 
Petitioner 



N.C. EMPLOYMENT SECURITY COMMISSION 
Respondent 



90 OSP 0391 
COUNTY OF MOORE 



AMENDED RECOMMENDED DECISION 



This matter is currently before the undersigned Administrative Law Judge, Brenda B. Becton, pursuant to the remand 
order and decision filed on August 2, 1994 by the North Carolina Court of Appeals, and the Decision and Order by the State 
Personnel Commission dated September 1, 1995. Eurv v^ N.C. Employment Security Comm. . 115 N.C. App. 590, 446 
S.E.2d 383, 396 (1994), cerL denied . 338 N.C. 309, 451 S.E.2d 635 (1994). Another hearing was conducted on February 
19-21, 1996, in Carthage, North Carolina. At the conclusion of the hearing, the Respondent requested a transcript and the 
parties were allowed to file written post-hearing submissions. 

APPEARANCES 

For Petitioner: Robert J. Willis, Attorney at Law, Raleigh, North Carolina. 

For Respondent: Alfreda Williamson and Thelma Hill, Staff Attorneys, Employment Security Commission 

of North Carolina, Raleigh, North Carolina. 

PROCEDURAL HISTORY 

The Petitioners each filed a Petition for a Contested Case Hearing on April 18, 1990 to contest their dismissal from 
their positions as Rural Manpower Representative I's ("RMR I") with the Employment Security Commission of North Carolina 
("ESC") on October 5, 1989. 

During discovery, the Petitioners served a request for admissions on the ESC. The ESC failed to respond to the 
Petitioners' request for admissions and, pursuant to N.C. Gen. Stat. §1A-A, Rule 36, the request for admissions were deemed 
admitted. 

The Petitioners filed a Motion to Compel Discovery, Strike Answers to First Request for Admissions, and for 
Sanctions on October 22, 1990. After the ESC filed its response to the Petitioners' motion, a motions hearing was conducted 
on November 21, 1990. During arguments regarding the Petitioners' motions, counsel for the ESC made an oral motion to 
withdraw its admissions. The ESC filed a written motion to withdraw admissions on November 28, 1990. The Petitioners 
filed their written objection to ESC's motion on December 3, 1990. On January 4, 1991, the undersigned entered an order 
denying the ESC's motion to withdraw its admissions. 



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11:29 



CONTESTED CASE DECISIONS 



A hearing was conducted in this matter on July 16-18, 1991 in Carthage, North Carolina. At the beginning of those 
proceedings, counsel for the Petitioners made several motions, including a motion in limine to exclude any testimony or 
evidence on matters deemed admitted. The motion in limine was granted. As a consequence of granting the Petitioners' 
motion in limine, the ESC was precluded from offering any evidence about the opinions of the Petitioners' supervisors 
regarding the impact of the Petitioners' conduct on the agency's or management's ability to trust the Petitioners to perform 
their duties. During the proceedings, the ESC argued that the admissions should not be interpreted in an unduly broad manner 
to include material not contained in the language of the admission request. That is, ESC argued that the term "supervisors" 
only included the Petitioners' immediate supervisors and did not include higher level management. 

On August 9, 1991 and on August 23, 1991, the parties submitted post-hearing memoranda concerning the effect of 
Rule 36 admissions. On October 14, 1991 , the undersigned entered an Order in which it was noted that the ESC continues 
to argue that its admissions were not admissions that it would not have any doubts about the Petitioners' job performance 
despite its concession during oral arguments on November 21, 1990 that trust would not be an issue if the ESC was not allowed 
to withdraw its admissions. The Order filed October 14, 1991, contained a ruling that the issue of trust was covered by the 
ESC's admissions and no evidence of lack of trust offered by the ESC would be considered by the undersigned in rendering 
a Recommended Decision. 

The parties filed proposed recommended decisions in October 1991 . The undersigned filed a Recommended Decision 
on January 13, 1992. That decision found that ESC failed to give the Petitioners adequate notice of the reasons for the 
investigatory suspension; that the ESC failed to establish a rational nexus between the Petitioners' personal conduct and their 
ability to perform their job duties, therefore, the ESC had failed to establish "just cause" for the Petitioners' termination; and 
the ESC failed to consistently apply its own personnel policy with respect to the factors that it considers in determining the 
severity of the disciplinary sanction to be imposed upon its employees. 

In a "Decision and Order" dated June 26, 1992, the State Persormel Conunission ("SPC") found for the ESC on the 
admissions issue, stating that the administrative law judge "improperly expanded the scope of the respondent[-ESC]'s 
admissions and improperly excluded testimony regarding the effect of the Petitioners' conduct on their continued employment." 
The SPC went on to conclude that ESC had "just cause" to dismiss the Petitioners based upon their personal conduct. 

The Petitioners sought judicial review of the administrative proceedings pursuant to N.C. Gen. Stat. §I50B-43. By 
order filed June 23, 1993, the Superior Court found that there was no admissible or substantial evidence in the record which 
contradicted or warranted rejection of the findings and conclusions of the administrative law judge. The Superior Court 
reversed the SPC's decision, holding that there was no just cause for the dismissal of the Petitioners; that the ESC's failure 
to afford the Petitioners the same or reasonably comparable disciplinary treatment afforded other, similarly situated ESC 
employees constituted arbitrary and capricious agency action and an abuse within the meaning of N.C. Gen. Stat. §§126-37 
and 150B-23(a)(4); and that the ESC violated the provisions of 25 NCAC IJ .0610(6) when it failed to inform the Petitioners 
in writing of all the alleged acts or omissions that it was investigating during the Petitioners' investigatory suspension.. 

The ESC appealed the Superior Court's decision to the North Carolina Court of Appeals. In a decision filed on 
August 2, 1994, the Court of Appeals reversed the Superior Court's decision. The Court of Appeals remanded the case to the 
Superior Court for remand to the SPC. The SPC was instructed to "conduct, or cause to be conducted, a further hearing and 
[to] make appropriate findings of fact and conclusions of law regarding the agency's demonstration or failure to demonstrate 
a rational nexus." 

On January 13, 1995, the Superior Court of Wake County entered an Order of Remand remanding the case to the SPC 
for additional proceedings consistent with the North Carolina Court of Appeals' August 2, 1994 decision. 

In an order dated September 1, 1995, the SPC remanded the "case to the Office of Administrative Hearings for the 
purpose of causing a hearing to be conducted to receive further evidence on the issue of whether there is a rational nexus to 
justify the dismissal of the petitioners based upon their off-duty criminal conduct." 

RULING OF JURISDICTION 
AND SCOPE OF REMAND 

In its decision in Eur/ and White v, N.C. Employment Security Comm. . 1 15 N.C. App. 509, 606, 446 S.E.2d 382, 
cert, denied 338 N.C. 309, 451 S.E.2d 635 (1994), the Court of Appeals only addressed one of the three reasons given by 
Judge Weeks in his June 29, 1993 Order as the basis for reversing the SPC's decision. The Court of Appeals specifically 



11:29 NORTH CAROLINA REGISTER June 2, 1997 2288 



CONTESTED CASE DECISIONS 



declined to address two of the issues raised by the Respondent's assignments of error: (1) Whether the severity of the discipline 
imposed by the ESC was inconsistent with ESC policy and practice regarding the level and nature of discipline to impose for 
the improper personal conduct committed and admitted to by the Petitioners; and (2) Whether the Petitioners were arbitrarily 
and capriciously discharged in violation of N.C. Gen. Stat. §§126-35, 126-37, and 150B-23(a)(4) for off-duty criminal conduct 
when at least one similarly siniated employee of the Respondent received more lenient disciplinary treatment dian either of the 
Petitioners without any justification in the record for the difference in treatment. 

Neither the Court of Appeals nor the State Persoimel Commission included any instruction that the Office of 
Administrative Hearings' regulations that are generally applicable to all administrative hearings before the Office of 
Administrative Hearings would not apply to the hearing to be conducted before the Administrative Law Judge ("AU") in the 
remand of this case. The Office of Administrative Hearings' rules contemplate the submission of a recommended decision by 
the AU to the SPC within 45 days after the date on which the record in the case is closed. See, e.g., 26 NCAC 3 .0026. A 
close reading of the decision of the Court of Appeals and the remand order of the SPC does not reveal any provision which 
purports to preclude the application of any of the Office of Administrative Hearings 's hearing regulations. Therefore, under 
the clear an unequivocal requirement of 26 NCAC 3 .0026, the ALJ is required to make a recommended decisions to the SPC 
pursuant to the SPC's remand order. Consistent with the requirement that a recommended decision include findings of fact 
and conclusions of law, the ALJ's decision in this case should address any issues not resolved by the Coun of Appeals in its 
decision. 

ISSUES 

1 . Whether there is a rational nexus to justify the dismissal of the Petitioners based upon their off-duty criminal 
conduct. 

2. Whether the severity of the discipline imposed by the ESC was inconsistent with ESC policy and practice 
regarding the level and nature of discipline to impose for the improper personal conduct committed and 
admitted to by the Petitioners. 

3. Whether the Petitioners were arbitrarily and capriciously discharged in violation of N.C. Gen. Stat. §§126- 
35, 126-37. and 150B-23(a)(4) for off-duty criminal conduct when at least one similarly situated employee 
of the Respondent received more lenient disciplinary treatment than either of the Petitioners without any 
justification in the record for the difference in treatment. 

STATUTES AND RULES INVOLVED 

N.C. Gen. Stat. §126-35 

N.C. Gen. Stat. §126-37 

N.C. Gen. Stat. §150B-23(a)(4) 

EXHIBITS 

The following exhibits were received in evidence: 

PI, PIA, P3, P4, P5. P6, P7, P8, P9, PIO, Pll, P12, PI3, PI4, P15, P17, P18, P19, P20, P21, P22, P23, P24, P25, P26, 
P27, P28, P29. P30, P31, P32, P33, P34, P35, P36, P37, P38, P39, P39A, P40, P41, P42, P43, P44, P45, R4, R6, R8, R9, 
Rll, R17, R18, R19, R20, and R21. 

From official documents in the file, sworn testimony of the witnesses, and other competent and admissible evidence, 
the undersigned makes the following: 

FINDINGS OF FACT 

Findings of Fact numbers 1 - 63 and 65-83 from the Recommended Decision filed by the undersigned on January 13, 
1992, are adopted and incorporated herein by reference. 

Based upon the State Personnel Commission's ruling regarding the scope of the Respondent's admissions. Findings 
of Fact number 64 from the Recommended Decision filed by the undersigned on Januar>' 13, 1992, is revised as follows: 



2289 NORTH CAROLINA REGISTER June 2, 1997 11:29 



CONTESTED CASE DECISIONS 



64. Neither the criminal proceedings against the Petitioners nor the Petitioners' admission to the ESC on 

September 29, 1989 that they had been growing marijuana on July 12, 1989 had any discernible negative 
impact on the ability of the Petitioners to circulate freely without any doubt in the minds of their immediate 
supervisors as to the real nature of the Petitioners' absence from the ESC's offices. 

Based upon the evidence presented during the February 19-21, 1996 hearing, it is foimd as a fact that: 

84. In 1989, Betty Dorsett was the manager of the ESC's Rockingham and Wadesboro Branches. As such, she 
was Petitioner White's immediate supervisor. On July 14, 1989, Ms. Dorsett was shocked and hurt when 
Petitioner White told her that he been arrested in Moore County for growing marijuana. Ms. Dorsett felt 
that Petitioner White's actions put the ESC in the position of possibly being ridiculed by the employers and 
other organizations that the ESC does business with. Despite her concerns, Ms. Dorset felt that she and the 
other ESC employees could have continued to work with Petitioner White. However, she felt his continued 
employment would have necessitated closer supervision by her imtil such time as trust could be re- 
established. 

85. Although Ms. Dorsett thought that Petitioner White's arrest was well known throughout the area, she had 
only one conversation with an agricultural employer about the arrest incident. 

86. In 1989, Robert Mooneyham was the manager of the ESC's Sandford office. Mr. Mooneyham was 
Petitioner Eury's immediate supervisor. On July 13, 1989, Petitioner Eury called Mr. Mooneyham and 
informed about his arrest on charges involving marijuana. Mr. Mooneyham thought that Mr. Eury had been 
arrested for smoking marijuana. When he learned that the charges against Mr. Eury involved growing 
marijuana, he felt Mr. Eury's conduct was even more shocking. 

87. Mr. Mooneyham could have continued to work with and supervise Mr. Eury. However, Mr. Mooneyham 
felt that it would have been necessary to monitor Mr. Eury's work more closely until trust could be re- 
established. Mr. Mooneyham felt that trust was an issue even though he did not believe that Mr. Eury would 
be involved in any further illegal activities. 

88. Although Mr. Mooneyham felt that Mr. Eury's arrest was well known throughout the community, he only 
had one conversation with one of the employers that the ESC served about the incident. That particular 
farmer was still very supportive of Mr. Eury despite his arrest. 

89. In 1989, James E. Knight was the Southeast Regional Manager for the ESC. Mr. Knight supervised ESC 
activities in 19 counties located in the southeastern portion of the state. He was Ms. Dorsett's supervisor. 
Mr. Knight was of the opinion that Mr. White would not have been able to effectively carry out his duties 
if he had been retained after his arrest for growing marijuana. Mr. Knight did not consult with Ms. Dorsett 
or any members of the farming community that Mr. White served before he arrived at his conclusion that 
Mr. White would not be able to function effectively. Mr. Knight based his conclusion on his belief that Mr. 
White would not be able to operate as independently as had previously. He also felt that employers would 
be reluctant to utilize ESC services if Mr. White were retained. Mr. Knight feared that employers would 
interpret retention of Mr. White as condoning his illegal activities. Mr. Knight further based his opinion 
on his belief that anyone caught growing marijuana should not be allowed to work for the state in any 
capacity. 

90. Paul W. Keck was the Regional Manager for the Raleigh-Durham Area in 1989. He was Mr. Mooneyham's 
supervisor. Mr. Keek's reaction when he learned about Mr. Eury's arrest for growing marijuana was that 
this was going to be a big headache. Although there were no questions about Mr. Eury's past job 
performance, his arrest caused Mr. Keck to question Mr. Euiy's personal integrity. Mr. Keck had no contact 
with any of the farmers that Mr. Eury served; and he was unaware of the letters of support written by some 
of the farmers on Mr. Eury's behalf. Despite, Mr. Mooneyham's assertion that he could continue to work 
with Mr. Eury if he were more closely supervised, Mr. Keck did not think that would be possible. He also 
felt that fellow employees at ESC and employers who used ESC services would react negatively to Mr. 
Eury's being retained as an ESC employee. 

91 . Manfred Emmrich, ESC's Director of Employment Services, recommended that the Petitioners be discharged 



11:29 NORTH CAROLINA REGISTER June 2, 1997 2290 



CONTESTED CASE DECISIONS 



because they had engaged in unacceptable personal conduct that he felt had damaged the Petitioners' 
relationship with their co-workers and was potentially damaging to ESC's public image. Mr. Emmrich did 
not inteiriew any of the Petitioners co-workers or talk with any members of the agricultural community that 
the Petitioners served about the Petitioners' arrests and what, if any, affect their arrests had upon their 
relationship with the Petitioners and the ESC's public image. 

92. Mr. Emmrich feels that termination was the correct decision because he believes that the Petitioners can no 
longer be trusted. 

93. Mr. Emmrich was not aware of any growers who indicated that they would not utilize the ESC's services 
if the Petitioners were retained as ESC employees. 

94. Based upon the reports and evidence gathered during the Petitioners' investigatory suspension, Mr. Emmrich 
testified that he did not have any reason to believe that the Petitioners would misuse state property. 

95. Mr. Emmrich did not think that the odds were great that the Petitioners would repeat their misconduct. 

96. During their predismissal conferences, the Petitioners presented Mr. Emmrich with a packet of materials 
containing letters of support and/or recommendations from agricultural growers from their districts and some 
co-workers. Mr. Emmrich testified that the letters of support did not influence his decision about whether 
or not to terminate the Petitioners. 

97. The Petitioners also told Mr. Emmrich that if they were not dismissed, they were willing to submit to drug 
testing at their own expense. 

98. Since April 1990, Petitioner Eury has been employed as the President and Executive Secretary of the N.C. 
Growers Association. The N.C. Growers Association is a labor management organization designed to 
provide agricultural employers with farm labor. Processing the laborers requires that the Petitioners have 
frequent contact with the ESC and interaction with many of the Petitioners former co-workers. 

99. Petitioner White has worked with the N.C. Growers Association for approximately four years. Mr. Eury 
is Mr. White's supervisor. 

100. Many of the members of the N.C. Growers Association are some of the same agricultural growers that the 
Petitioners worked with as RMR I's while employed at the ESC. 

101. After their suspensions, the Petitioners continued to receive requests from some agricultural growers for 
assistance in finding farm workers up through October, 1989. 

102. Henry A. Precyihe is employed by the ESC as a RMR II. He has worked out of the ESC's Mt. Olive Office 
for approximately 28 years of 30 years he has worked for the ESC. For two years he was he was Mr. Eury's 
RMR 11. Mr. Precythe recommended Mr. Eury for the RMR 1 position. After Mr Eury's arrest and at his 
request, Mr. Precythe wrote a letter of recommendation for Mr. Eury. Mr. Precythe wrote the letter because 
he felt that a show of support would be good for Mr. Eur>' and he knew it would be difficult to find someone 
who could do a good a job as Mr. Eury as a RMR 1. 

103. Thomas R. Leak was employed by the ESC as a RMR II from 1979 until 1993. Mr. Leak wrote letters of 
recommendation for the Petitioners after their July 1989 arrests in an effort to help the Petitioners retain their 
jobs. Mr. Leak knew many of the growers in the areas that the Petitioners served as RMR I's. None of the 
growers he spoke with, who knew about the Petitioners' arrests, indicated they would not utilize the ESC's 
services if the Petitioners were retained. Mr. Leak felt that the Petitioners were doing a good job in their 
positions as RMR I's and their dismissal would be a great loss to the agricultural community. Mr. Leak was 
of the opinion that it would take some time to re-establish trust between the Petitioners and their supervisors 
but both would have been able to effectively carry out their job responsibilities if they had been retained by 
the ESC. 

104. Mr. Leak was aware that some growers continued to contact the Petitioners for assistance obtaining workers 
after their suspension from their jobs. He shared that information with Steve Adams, a member of the ESC's 



2291 NORTH CAROLINA REGISTER June 2. 1997 11:29 



CONTESTED CASE DECISIONS 



^ 



) 



upper management. 

105. Chester V. Pilson is a farmer from Moore County. For the past twenty years, Mr. Pilson has needed hand 
laborers to help harvest his crops. He utilized Mr. Eury's services to help locate the laborers he needed. 
After Mr. Eury was suspended, Mr. Pilson continued to call upon Mr. Eury to help him locate laborers and 
he greatly appreciated Mr. Eury's help. He wrote a letter on Mr. Eury's behalf because he felt that no one 
else would do a better job for the farmers in the area. The other farmers who signed the letter had used Mr. 
Eury to help locate workers and they would have continued to use the ESC's services if Mr. Eury had been 
retained. 

106. No one from ESC contacted Mr. Pilson about how he thought the agricultural community would react to 
knowledge of Mr. Eury's arrest. 

107. Mr. Pilson is on the Board of Directors of the N.C. Growers Association. The Association depends upon 
Mr. Eury to get the job done without the Directors' supervision. In Mr. Pilson's opinion, he has no reason 
not to trust Mr. Eury since Mr. Eury has always been fair and honest in their dealings with each other. 

Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following: 

CONCLUSIONS OF LAW 

1. North Carolina General Statutes section 126-35 states, in pertinent part, that no permanent state employee 
subject to the State Persormel Act shall be discharged, suspended, or reduced in pay or position, except for 
just cause. 

2. The Petitioners were permanent State employees within the meaning of NC. Gen. Stat. §126-35 at the time 
that they were placed on investigatory suspension without pay and, later, discharged by the ESC. The Office 
of Administrative Hearings has jurisdiction over each of their claims pursuant to NC. Gen. Stat. §§126-35 
and 150B-23. 

3. Based upon the Court of Appeals decision in Eury v^ N.C. Employment Security Comm. . 1 15 N.C. App. 
509, 606, 446 S.E.2d 382, cert, denied 338 N.C. 309, 451 S.E.2d 635 (1994), the procedures the ESC 
followed during its investigatory suspension of the Petitioners gave the Petitioners sufficient notice of the 
reasons for their suspension. 

4. In cases in which an employee has engaged in off-duty criminal conduct, the agency need not show actual 
harm to its interest to demonstrate just cause for an employee's dismissal; rather, the agency must 
demonstrate that the dismissal is supported by the existence of a rational nexus between the type of criminal 
conduct committed and the potential adverse impact on the employee's future ability to perform for the 
agency. Eury . 115 N.C. App. at 61 1 . In determining whether a rational nexus exists, the court in Eurv . 
recommended that the following factors should be considered: 

-the degree to which, if any, the conduct may have adversely affected 
clients or colleagues; 

-the relationship between the type of work performed by the employee 
for the agency and the type of criminal conduct committed; 

-the likelihood of recurrence of the questioned conduct and the degree 
to which the conduct may affect work performance, work quality, and 
the agency's good will and interests; 

-the proximity or remoteness in time of the conduct to the commencement of the 
disciplinary proceedings; 

-the extenuating or aggravating circumstances, if any surrounding the 
conduct; 



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CONTESTED CASE DECISIONS 



-the blameworthiness or praiseworthiness of the motive resulting in the 
conduct; and 

-the presence or absence of any relevant factors in mitigation. 

5. There is no evidence that either the Petitioners' clientele (the agricultural growers they served), immediate 
supervisors, or co-workers would have been unable to continue their association with the Petitioners due to 
their arrests for growing marijuana. Therefore, the Petitioners' conduct had little adverse impact on their 
clients or colleagues. 

6. The Petitioners' jobs securing labor for the fanning community and their growing of marijuana for personal 
consumption, both involved agricultural enterprises. However, since the Petitioners did not utilize any labor 
other than their own, there is no direct correlation between their job functions and their illegal off-duty 
conduct. 

7. The ESC staned the disciplinary process immediately upon learning of the Petitioners' illegal off-duty 
conduct. 

8. The fact that the Petitioners were growing the marijuana for their personnel consumption and not for sell to 
others is an extenuating circimistance. The fact the Petitioners were growing the marijuana on property other 
than their own is an aggravating circumstance. The fact that this was the Petitioners first offense is an 
extenuating circumstance. 

9. The evidence does not indicate that there were any praiseworthy motives for the Petitioners' conduct. 

10. The Petitioners' superlative work performance, the scarcity of adverse publicity about the Petitioners' arrest, 
and the leniency of the punishment imposed by the criminal justice system are relevant mitigating factors. 

11. The conclusion reached by the ESC's upper level supervisors that the Petitioners would not be able to 
effectively continue working as RMRs because they could not be trusted to perform their duties and because 
the public would look unfavorably upon the Petitioners retention as ESC employees has no basis in fact. 

12. Considering the factors in conclusions numbers 5-11, the ESC has failed to establish by the preponderance 
of the evidence that there exists a rational nexus between the Petitioners' illegal off-duty conduct and the 
agency's decision to terminate the Petitioners* employment. 

13. The ESC failed to consistently apply its own persoimel policy with respect to the factors that the ESC 
considers in determining the severity of the disciplinary sanction to be imposed by it against one of its 
employees when personal conduct involving a violation of a state or federal statute is at issue. The ESC 
failed to apply its policy that the nature and severity of the sentence imposed will influence the severity of 
the discipline that the ESC imposes. The failure of a governmental agency to adhere to its own policy 
constitutes arbitrary and capricious agency action. Electricities of North Carolina. Inc. v\ Southeastern 
Power Administration . 774 F.2d 1262, 1267 (4th Cir. 1985). 

14. The severity of the discipline imposed on the Petitioners by the ESC was inconsistent with the severity of 
the discipline imposed by ESC for improper personal conduct by other, similarly situated employees of ESC, 
which is a violation of the ESC policy calling for consistency in the severity of disciplinary action against 
ESC employees for improper personal conduct. Another employee, specifically James Wells, whose conduct 
involved both improper use of alcohol and a plea of guilty to a more serious crime than the crime that the 
Petitioners pled to, received more lenient treatment than the Petitioners. When one compares the 
circumstances surrounding the Petitioners' dismissal with the circumstances surrounding Mr. Wells' 
demotion, there is nothing in the record to justify the more lenient treatment Mr. Wells received. If 
anything, the reverse is true. Mr. Wells, as head of the ESC's Rural Manpower Service enjoyed a higher 
degree of responsibility and public visibility and his misconduct was more serious. The ESC's actions in 
failing to accord the Petitioners the same treatment afforded to other ESC employees constitutes arbitrary and 
capricious agency action and an "abuse" within the meaning of N.C. Gen. Stat. §§126-37 and 150B-23(a)(4). 



2293 NORTH CAROLINA REGISTER June 2, 1997 11:29 



CONTESTED CASE DECISIONS 



I 



RECOMMENDED DECISION 

The State Personnel Commission will make the Final Decision in this contested case. It is recommended that the 
Commission adopt the Findings of Fact and Conclusions of Law set forth above and reinstate the Petitioners to the positions 
they held at the time they were discharged, and award the Petitioners back pay in the manner and amount specified in the 
applicable administrative regulations promulgated by the SPC, and that the Petitioners be awarded reasonable attorney fees and 
costs pursuant to N.C. Gen. Stat. §126-4(11). 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statutes section 150B-36(b). 

NOTICE 

Before the agency makes the FINAL DECISION, it is required by North Carolina General Statutes section 150B-36(a) 
to give each party an opportunity to file exceptions to this RECOMMENDED DECISION, and to present written arguments 
to those in the agency who will make the final decision. 

The agency is required by North Carolina General Statutes section 150B-36(b)to serve a copy of the Final Decision 
on all parties and to furnish a copy to the Parties' attorney of record. 

This the 30th day of April, 1997. 



Brenda B. Becton 
Administrative Law Judge 



) 



11:29 NORTH CAROLINA REGISTER June 2, 1997 2294 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



I he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMEIVT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


I 




2 


Agriculture 


Architecture 


2 




3 


Auditor 


Auctioneers 


4 




4 


Commerce 


Barber Examiners 


6 




5 


Correction 


Certified Public Accountant Examiners 


8 




6 


Council of State 


Chiropractic Examiners 


10 




7 


Culairal Resources 


General Contractors 


12 




8 


Elections 


Cosmetic Art Examiners 


14 




9 


Governor 


Dental Examiners 


16 




10 


Human Resources 


Dietetics/Nutrition 


17 




11 


Insurance 


Electrical Contractors 


18 




12 


Justice 


Electrolysis 


19 




13 


Labor 


Foresters 


20 




14A 


Crime Control & Public Safety 


Geologists 


21 




15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 






Resources 


Landscape Architects 


26 




16 


Public Education 


Landscape Contractors 


28 




17 


Revenue 


Marital and Family Therapy 


31 




18 


Secretary of State 


Medical Examiners 


32 




19A 


Transportation 


Midwifery Joint Committee 


33 




20 


Treasurer 


Mortuary Science 


34 




*21 


Occupational Licensing Boards 


Nursing 


36 




22 


Administrative Procedures 


Nursing Home Administrators 


37 




23 


Community Colleges 


Occupational Therapists 


38 




24 


Independent Agencies 


Opticians 


40 




25 


State Personnel 


Optometry 


42 




26 


Administrative Hearings 


Osteopathic Examination & Reg. (Tiepealed) 


44 




27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 

Pharmac>' 

Physical Therapy Examiners 

Plumbing, Heating & Fire Sprinkler Contractors 

Podiatry Examiners 

Professional Counselors 

Practicing Psychologists 

Professional Engineers & Land Surveyors 

Real Estate Appraisal Board 

Real Estate Commission 

Refrigeration Examiners 

Sanitarian Examiners 

Social Work Cenification 

Soil Scientists 

Speech & Language Pathologists & Audiologists 

Substance Abuse Professionals 

Therapeutic Recreation Certification 

VeterinaPv' Medical Board 


45 
46 
48 
50 
52 
53 
54 
56 
57 
58 
60 
62 
63 
69 
64 
68 
65 
66 





Note: Title 21 contains the chapters of the various occupational licensing boards. 



2295 



NORTH CAROLINA REGISTER 



June 2, 1997 



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4 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997 



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Tirie 1 - Dept. of Administration • Complete Title 201 00 001 

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Federal Block Grant Funds 20110 331 

Title 2 - Dept. of Agriculture - Complete Title 202 00 00 1 

Food & Drug Protection Division 202 15 091 

Structural Pest Control Committee 202 15 341 

Agricultural Markets 202 15 431 

Plant Industry 202 15 481 

Animal Industry 202 15 521 

Title 3 - Dept. of State Auditor - Complete Title 203 00 00 1 

Title 4 - Dept. of Commerce - Complete Titk 204 00 00 1 

Alcoholic Beverage Control Commission 204 15 021 

Banking Commission 204 15 031 

Credit Union Division 204 15 061 

Savings & Loan Division 204 15 091 

Industrial Commission/Workers Compensation 204 15 101 

Savings Institutions Division 204 15 161 

Title 5 - Dept. of Corrections - Complete Title 205 00 00 1 

Division of Prisons 205 15 021 

Title 6 - Council of State - Complete Title 206 00 00 1 

Title 7 - Dept. of Cultural Resources - Complete Title 207 00 001 

Title 8 - State Board of Elections - Complete Title 208 00 001 

Title 9 - Offices of the Governor & Lt. Governor - Complete Title 209 00 00 1 

Title 1 - Dept. of Human Resources - Complete Title 2 1 00 00 1 

Licensing of Health Facilities 210 20 101 

Detention Facilities 210 20 201 

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Employment Opportunities 210 20 451 

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Engineering & Building Codes 211 10 081 

Title 1 2 - Dept. of Justice - Complete Title 2 1 2 00 00 1 

Private Protective Services 212 10 071 

Police & Sheriff's Education & Training Standards 212 10 091 

NC Alarm Systems Licensing Board 212 10 111 

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General Safety/OSHA 213 20 001 

Wage & Hour Rules 213 15 121 

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Apprenticeship & Training 213 15 141 

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Victims Compensation Fund 214 00 111 

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Environmental Management 215 15 001 

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Water Quality 215 15 201 

Land & Waste Management 215 15 301 

Solid Waste Management 215 15311 



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Title 1 8 - Secretary of State - CompleteTitle 

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Title 1 9A - Dept. of Transportation - Complete Title 

Division of Highways 
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Title 20 - Dept. of ttie State Treasurer - Complete Title 

Title 21 - Occupational Licensing Boards - Complete Title 

Title 22 ■ Administrative Procedures - Repealed 

Title 23 - Community Colleges - Complete Title 

Title 24 - Independent Agencies - Complete Title 

Title 25 - Office of State Personnel - CompleteTitle 

Title 26 - Office of Administrative Hearings - Complete Title 

Title 27 ■ North Carolina State Bar - Complete Title 

North Carolina Administrative Code - Complete Code 

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215 25 001 
215 25 101 
21525 201 

215 25 301 
21525311 

216 00 001 

216 10061 

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217 15 101 
217 15201 
217 15271 

217 15 291 

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219 10021 

219 10031 

220 00 001 

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299 99 981 

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